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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

Rk Interiors Cfs (India) Private Limited, Hyderabad vs. ITO, Ward - 3(1), Hyderabad

In the result, appeal of the Assessee is allowed

ITA 1865/HYD/2025[2023-24]Status: DisposedITAT Hyderabad09 Jan 2026AY 2023-24

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.1865/Hyd/2025 Assessment Year 2023-2024 M/S. Rk Interiors Cfs (India) Private Limited, The Income Tax Officer, Vs. Hyderabad – 500 034. Ward-3(1), Telangana. Hyderabad. Pan Aakcr1592H (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Ca M V Prasad राज" व "ारा /Revenue By: Dr. Narendra Kumar Naik, Cit-Dr सुनवाई की तारीख/Date Of Hearing: 17.12.2025 घोषणा की तारीख/Pronouncement: 09.01.2026 आदेश/Order

For Appellant: CA M V PrasadFor Respondent: Dr. Narendra Kumar Naik, CIT-DR
Section 143(1)Section 194QSection 40Section 68

ITA.No.1865/Hyd./2025 relevant details with supporting evidence to prove the identity and creditworthiness of the loan creditors as well as genuineness of the transaction. The learned Authorised Representative of the Assessee has submitted that the assessee brought on record the relevant record to show that the Directors have given ... channel as per the bank account statement of all the parties i.e., partnership firm, the partners/Directors as well as assessee company, then the genuineness of the transactions cannot be doubted. The learned Authorised Representative of the Assessee has further submitted that the assessee has proved the source of source

Iris Realty LLP, Chennai vs. DCIT, Ncc-3(1), Chennai

In the result, the appeal filed by the assessee is partly-allowed for statistical purposes and the stay application filed by the assessee is dismissed

ITA 4129/CHNY/2025[2018-19]Status: DisposedITAT Chennai09 Jan 2026AY 2018-19

Bench: Shri George George Kand Ms Padmavathy Sआयकर अपील सं./Ita No.: 4129/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 & S.A. No. 142/Chny/2025 [In Ita No. 4129/Chny/2025] M/S. Iris Realty Llp, The Deputy Commissioner (Successor To Iris Realty Vs. Of Income Tax, Pvt.Ltd.,) Non-Corporate Circle 3(1), 11, Kakani Towers, Chennai. 15, Khader Nawaz Khan Road, Nungambakkam, Chennai – 600 034. Pan: Aagfi 9722F (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Vikram Vijaraghavan, Advocate ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 08.01.2026 घोषणा क" तारीख/Date Of Pronouncement : 09.01.2026

For Appellant: Shri Vikram Vijaraghavan, AdvocateFor Respondent: Ms. Gouthami Manivasagam
Section 143(3)Section 234ASection 250Section 68

fund trail showing withdrawal from the Investors' accounts and deposit into the company's account. Thus, both the credit- worthiness and genuineness of the transactions remain unverified. ITA No.4129/Chny/2025 & :- 6 -: SA No.142/Chny/2025 As per settled law, the onus to prove the three essential conditions under section 68 lies squarely

Maulana Azad College of Engineering and Technology, Patna vs. ITO Exemption, Ward-1, Patna

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 474/PAT/2025[2015-16]Status: DisposedITAT Patna08 Jan 2026AY 2015-16

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Years: 2015-16 Maulana Azad College Of Engineering & Technology..…..……….……Appellant Mariam, Manzil, Anisabad, Patna-800002.. [Pan: Aabtm3371M] Vs. Ito-Exemption, Ward-1, Patna…...…………………….....……...…..…..Respondent Appearances By: Shri D V Pathy, Sr. Adv., Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2025 Date Of Pronouncing The Order : January 08, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.08.2025 Of The Nfac, Delhi (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2015–16. 2. Brief Facts Of The Case Are That The Assessee Is An Educational Institution & Is Engaged In The Activity Of Running In Engineering College & The Assessee-Society Is Registered Under Section 12Aa Of The Act. Thereafter, The Assessing Officer Issued Notice U/S 148 Of The Act On The Ground Of Certain Transactions & Cash Deposits Exceeding Two Lakhs Done By The Assessee With State Bank Of India. The Assessing Officer Held That The Deposits Made In The Sbi Was Not Disclosed & The Same Was Held As Unexplained Money & The Assessing Officer Made Addition Of Rs.56,79,506/- U/S 69A Of The Act. Maulana Azad College Of Engineering & Technology 3. Aggrieved By The Said Order, The Assessee Preferred An Appeal Before The Ld. Cit(A) Wherein The Appeal Has Been Dismissed By Holding That The Assessee Failed To File Supporting Documents Such As Balance Sheets, Profit & Loss A/C, Bank Statements Etc. To Prove The Genuineness Of The Transaction.

Section 12ASection 148Section 250Section 69A

holding that the assessee failed to file supporting documents such as balance sheets, profit & loss a/c, bank statements etc. to prove the genuineness of the transaction. 4. Aggrieved and dissatisfied, the assessee has come in appeal before us. The ld. AR argued that the ld. CIT(A) dismissed the appeal

Satya Subhas Ghoshal, Kolkata vs. I.T.O., Ward - 28(2) Presently 30(1), Kolkata

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1988/KOL/2025[2016-2017]Status: DisposedITAT Kolkata08 Jan 2026AY 2016-2017

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2016-17 Satya Subhas Ghoshal………..……..………………….……….……….……Appellant 49/1, Karl Marx Sarani, Kol – 700023. [Pan: Aenpg8374C] Vs. Ito, Ward-28(2), Presently Ward-30(1), Kolkata……….....……...…..…..Respondent Appearances By: Shri Anil Kochar, Adv., Appeared On Behalf Of The Appellant. Shri Pradip Kr. Biswas, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 10, 2025 Date Of Pronouncing The Order : January 08, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.03.2024 Of The Nfac, Delhi (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2016–17. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income Was Filed Showing Total Income Of Rs.3,39,860/-. The Case Was Selected For Scrutiny & The Assessing Officer Issued Notices U/S 143(2) & 142(1) Of The Act. It Was Also Found That The Assessee Had Deposited Cash Of Rs.1,03,86,425/-In Saving Bank Account In Indusind Bank (Rs. 30,56,625/-) & Icici Bank (Rs. 73,29,800/-). As There No Explanation & No Requisite Documents Were Provided By The Assessee To Verify The Source Of Such Cash Deposits, The Assessing Officer Added The Entire Sum Of Rs. 1,03,86,425/- U/S 68 Of The Act. Satya Subhas Ghoshal 3. Aggrieved By The Said Order, The Assessee Preferred An Appeal Before The Ld. Cit(A) Wherein The Appeal Has Been Dismissed By Holding That The Assessee Failed To File Any Credible Evidence In Support Of The Claim.

Section 143(2)Section 250Section 68

argued that the ld. CIT(A) dismissed the appeal of the assessee in the absence of relevant documents to prove the genuineness of the transaction. The ld. AR stated that the assessee is now ready to submit relevant details and explanations and prayed for one more opportunity by restoring