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“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

Assistant Commissioner of Income Tax, Cir - 1(3), Surat vs. Rajgreen Infralink LLP, Surat

In the result, the ground No

ITA 375/SRT/2023[2018-19]Status: DisposedITAT Surat26 Oct 2023AY 2018-19

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.257 & 375/Srt/2023 (Ay 2018-19) (Hearing In Physical Court) Rajgreen Infralink Llp Deputy Commissioner Of 29-30, Sai Baba Shraddha Nagar, Income Tax, Circle-1(3) Nr. Choksi Wadi, New Rander Road, Surat, Aaykar Bhavan, Adajan, Surat-395009 Majura Gate, Surat-395001 Pan No. Aavfr 8064 N Assistant Commissioner Of Income- Rajgreen Infralink Llp Vs Tax, Circle-1(3), Surat, Room No. 29-30, Sai Baba Shraddha 301, 3Rd Floor, Anavil Business Nagar, Nr. Choksi Wadi, Centre, Hazira Road, Adajan, New Rander Road, Adajan, Surat-395009 Surat-395009 Pan No. Aavfr 8064 N अपीलाथ"/Appellant ""थ" /Respondent

Section 143(3)Section 254(1)Section 68

fact as well as written submission. To substantiate the transaction of loan, the assessee furnished particulars of identity of lenders, creditworthiness and genuineness of such transaction. Against the addition of advance, the assessee submitted that Assessing Office not appreciated the fact and despite furnishing documentary evidence in support of advance ... confirmation of lenders, ITR, bank statement and accounts confirmation and clearly discharged their onus in proving identity of lenders, capacity of lender and genuineness of such transaction. The Assessing Officer failed to give any reason for justification of addition. He has made just a general remark. In para

Rajgreen Infralink LLP, Surat vs. Dy. Commissioner of Income Tax, Circle - 1(3), Surat

In the result, the ground No

ITA 257/SRT/2023[2018-19]Status: DisposedITAT Surat26 Oct 2023AY 2018-19

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.257 & 375/Srt/2023 (Ay 2018-19) (Hearing In Physical Court) Rajgreen Infralink Llp Deputy Commissioner Of 29-30, Sai Baba Shraddha Nagar, Income Tax, Circle-1(3) Nr. Choksi Wadi, New Rander Road, Surat, Aaykar Bhavan, Adajan, Surat-395009 Majura Gate, Surat-395001 Pan No. Aavfr 8064 N Assistant Commissioner Of Income- Rajgreen Infralink Llp Vs Tax, Circle-1(3), Surat, Room No. 29-30, Sai Baba Shraddha 301, 3Rd Floor, Anavil Business Nagar, Nr. Choksi Wadi, Centre, Hazira Road, Adajan, New Rander Road, Adajan, Surat-395009 Surat-395009 Pan No. Aavfr 8064 N अपीलाथ"/Appellant ""थ" /Respondent

Section 143(3)Section 254(1)Section 68

fact as well as written submission. To substantiate the transaction of loan, the assessee furnished particulars of identity of lenders, creditworthiness and genuineness of such transaction. Against the addition of advance, the assessee submitted that Assessing Office not appreciated the fact and despite furnishing documentary evidence in support of advance ... confirmation of lenders, ITR, bank statement and accounts confirmation and clearly discharged their onus in proving identity of lenders, capacity of lender and genuineness of such transaction. The Assessing Officer failed to give any reason for justification of addition. He has made just a general remark. In para

Dy. Commissioner of Income Tax, Circle-32(1), Mumbai vs. M/S Disha Construction, Mumbai

In the result, the appeals of the Revenue for assessment year

ITA 2207/MUM/2023[2010-2011]Status: DisposedITAT Mumbai25 Oct 2023AY 2010-2011

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Ita Nos. 2207 & 2292/Mum/2023 Assessment Year: 2010-11 & 2011-12 Dy. Cit, Circle 32(1), M/S Disha Construction, Room No. 425, 4Th Floor, 201, Square One, Gulmohar Vs. Kautilya Bhavan, Road No. 1, Ville Parle (W), Bandra Kurla Complex, Mumbai-400049. Bandra (E), Mumbai-400051. Pan No. Aadfd 9171 G Appellant Respondent Assessee By : Mr. Ashok Bansal, Mr. Ajay Daga Revenue By : Mrs. Mahita Nair, Dr : Date Of Hearing 19/10/2023 : Date Of Pronouncement 25/10/2023

For Appellant: Mr. Ashok BansalFor Respondent: Mrs. Mahita Nair, DR
Section 68

verifying verifying identity, identity, creditworthiness and genuineness of the creditworthiness and genuineness of the transaction transaction. Those parties duly complied and filed duly complied and filed the information called for by the Assessing the information called for by the Assessing officer. The Assessing Officer was of the view that ... discharge three main ingredients in respect of the cash creditors, viz., the identity of the cre identity of the creditor, the genuineness of the transactions and credit ditor, the genuineness of the transactions and credit worthiness of the creditor. worthiness of the creditor. In connection to this, the assessee furnished