← All Phrases

“genuineness of the transaction”

Cash Credits & Unexplained ItemsSection 68Section 685,938 judgments

The decision most relied on for genuineness of the transaction is Sumati Dayal v. CIT (214 ITR 801), cited in 1,967 judgments on BharatTax.

Leading authorities on genuineness of the transaction

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

CIT v. Durga Prasad More
82 ITR 540 · 1971 · Supreme Court
1,579
citing judgments

Tax authorities must judge evidence using the test of human probabilities and consider the apparent as real until there are reasons to believe it is not. They can rely on circumstantial evidence and the preponderance of probabilities to determine the genuineness of transactions.

CIT v. Orissa Corporation Pvt. Ltd.
159 ITR 78 · 1986 · Supreme Court
897
citing judgments

When an assessee provides the identity and address of a creditor or investor for a cash credit or share capital under Section 68, the burden shifts to the Department to establish lack of genuineness or creditworthiness, requiring it to conduct further inquiries; mere non-compliance by third parties to summons cannot be the sole basis for an adverse inference against the assessee.

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

McDowell & Co. Ltd. v. CTO
154 ITR 148 · 1985 · Supreme Court
741
citing judgments

The Supreme Court held that while legitimate tax planning is permissible, transactions structured as a "colourable device" or "subterfuge" solely to avoid tax are impermissible. It mandates a judicial shift to look beyond the form to the substance of a transaction, allowing the lifting of the corporate veil in tax evasion arrangements.

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

Kale Khan Mohammad Hanif v. CIT
50 ITR 1 · 1963 · Supreme Court
581
citing judgments

The assessee bears the onus of proving the source and nature of any sum of money or receipt found to have been received by them. If the assessee fails to satisfactorily explain the receipt, the Income-tax Officer is entitled to treat it as taxable income.

Umacharan Shaw & Bros. v. CIT
37 ITR 271 · 1959 · Supreme Court
567
citing judgments

An income tax assessment or addition cannot be sustained solely on the basis of suspicion, surmises, or conjectures, as strong suspicion does not amount to proof. The revenue authorities must rely on concrete evidence and material to frame an assessment.

Judgments citing genuineness of the transaction

Tina Atul Godhwani, Mumbai vs. ITO 25(1)(5), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 3628/MUM/2023[2009-10]Status: DisposedITAT Mumbai28 Feb 2024AY 2009-10

Bench: Shri Aby T. Varkey, Jm & Shri Padmavathy S, Am आयकर अपील सं/ I.T.A. No.3628/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2009-10) Tina Atul Godhwani बिधम/ Ito-25(1)(5) 165, 5-B, Sanjay Building Bandra Kurla Complex, Vs. Mittal Industrial Estate, Mumbai-400051. Andheri Kurla Road, Andheri- East, Mumbai- 400059. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aezpt4607D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Yogendra T. Wakare सुनवाई की तारीख / Date Of Hearing: 21/02/2024 घोषणा की तारीख /Date Of Pronouncement: 28/02/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 22.08.2023 For The Assessment Year 2009-10. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Addition Of Rs.7 Lakhs Made By The Ao U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”) & Disallowance Of Interest To The Tune Of Rs.13,118/- & Addition Of Notional Commission Of Rs.14,000/- (Total Rs.7,27,118/-).

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Yogendra T. Wakare
Section 147Section 68Section 69C

inforce during the year under consideration, the assessee was bound to discharge the burden to prove the identity, creditworthiness and genuineness of the transaction. According to the Ld. AR, in order to prove the identity of the lender i.e. M/s. Jasoda Exports, the assessee has filed the (i) Copy ... sheet and Profit & loss account of M/s. Jasoda Exports (refer page no. 24 to 50 of PB). And in order to prove the genuineness of the transaction, the Ld. AR drew our attention to the relevant page of bank statement showing that Rs. 7 Lakh was transferred to through banking