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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 (Central), Bilaspur vs. M/S Jagannathdas Harichandmal Jewellers Pvt. Ltd, Raigarh

In the result appeal of revenue is partly allowed in terms of our observations herein above

ITA 106/RPR/2022[2012-13]Status: DisposedITAT Raipur22 Sept 2023AY 2012-13

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.106/Rpr/2022 िनधा"रण वष" /Assessment Year: 2012-13 The Assistant Commissioner Of Vs M/S. Jagannathdas Harichandmal Income Tax (Central), Bilaspur Jewellers Pvt. Ltd. Sadar Bazar, Raigarh (C.G.) Pan: Aaccj2840G (अपीलाथ" /Appellant) (""यथ" / Respondent) .. िनधा"रती क" ओर से /Assessee By : Shri Sunil Kumar Agrawal, Ca राज"व क" ओर से /Revenue By : Shri Choudhary N.C. Roy, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 14/07/2023 घोषणा क" तार"ख/Date Of Pronouncement : 22/09/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Captioned Appeal Is Filed By The Revenue Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-3, Bhopal, Dated 16.03.2022 Which In Turn Arises From The Order By Ld. Assessing Officer U/S 143(3) R.W.S. 147 Dated 30.12.2018 For A.Y.2012-13. The Grounds Of The Appeal Raised By The Revenue Are As Under: “ 1. Whether On The Fact & In The Circumstances Of The Case In Law, While Holding Assessment Passed U/S 147 R.W.S. 143(3) Of Act As Invalid & Void-Ab-Initio, The Ld. Cit(A) Completely Ignored The Fact That During The Course Of Survey, The Assessee Failed To Discharge Its Burden In Establishing 'The Identity, Creditworthiness & Genuineness Of The Transactions As Required U/S 68 Of The Income Tac Act. Ld. Cit(A) Erred In Ignoring That Reassessment Proceeding Are Based On Fresh Facts/Information Rather Than Change Of Opinion. 2. Whether On The Fact & In The Circumstances Of The Case In Law, The Ld.Cit(A) Erred In Ignoring That Confirmation Of Concealment Of Income/Disclosure Made In Statement Recorded During Survey U/S 133A Of Act Is An Information, Though Not Conclusive, Which May Be Used In Regular Assessment Or Reassessment Proceedings.

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Shri Choudhary N.C. Roy, Sr. DR
Section 133ASection 143(3)Section 147Section 148Section 68

completely ignored the fact that during the course of Survey, the assessee failed to discharge its burden in establishing 'the identity, creditworthiness and genuineness of the transactions as required u/s 68 of the Income Tac Act. Ld. CIT(A) erred in ignoring that reassessment proceeding are based on fresh facts/information ... statements of Sri Shyam Sundar Agrawal held that the appellant failed to explain identity and credit worthiness of the investors as well as genuineness of the transaction. Therefore, the Ld AO after considering entire facts made addition in the hands of appellant on account of unexplained share application money under

Income Tax Officer, Ward 4(1), Raipur vs. Aviral Finance Private Limited, Raipur

In the result, appeal of Revenue is partly allowed for statistical purposes

ITA 13/RPR/2021[2017-18]Status: DisposedITAT Raipur22 Sept 2023AY 2017-18

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita No.13/Rpr/2021 िनधा"रण वष" /Assessment Year: 2017-18 V. Ito-4(1) Aviral Finance Pvt. Ltd. Raipur Ground Floor, Nalghar Chowk, Raipur – 492 001 [Pan: Aabcg 2701 N] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" की ओर से/ Appellant By Shri Praveen Khandelwal & Shri Praveen Goyal, Cas ""थ" की ओर से /Respondent By : Smt. Ila M. Parmar, Cit-D.R. सुनवाई क" तार"ख/Date Of Hearing : 13.07.2023 घोषणा क" तार"ख /Date Of Pronouncement : 22.09.2023

For Respondent: Smt. Ila M. Parmar, CIT-D.R
Section 143(3)Section 250(4)Section 68

wherein it was held that it is for the assessee to prove the identity of the creditors, the creditworthiness and genuineness of the transaction and mere furnishing of particulars is not enough?" 5. "Whether on points of law and on facts & circumstances of the case, the Ld. CITIA) was justified ... with to verify basic ingredients pertaining to the investments made by the aforesaid 13 shareholders i.e. identity and creditworthiness of the shareholders and genuineness of the transactions. In course of assessment proceedings, the assessee was asked to discharge onus cast upon under Section 68 of the Act, 1961. In response

Darshit Developers, Valsad vs. Income Tax Officer, Ward-5, Valsad

In the result, the appeal of the assessee is allowed

ITA 471/SRT/2023[2010-11]Status: DisposedITAT Surat22 Sept 2023AY 2010-11

Bench: Dr. A. L. Saini, Am आयकर अपीलसं./Ita No.471/Srt/2023 ("नधा"रण वष" / Assessment Year: (2010-11) (Virtual Court Hearing) Darshit Developers Income Tax Officer, Ward-5, C/O Kashmiraben Shaileshbhai Valsad Room No.204/Palak Vs. Patel/ Bhagwati Bunglowes / Arcade, Near Pali Hill, Tithal Maninagar Society, Tithal Cross Road, Valsad-396001 Road, Valsad-396001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aagfd 5807 L (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Shri Rajesh Upadhyay, Ar िनधा"रती की ओर से /Respondent By Shri Vinod Kumar, Sr. Dr सुनवाईकीतारीख/Date Of Hearing 05/09/2023 घोषणाकीतारीख/Date Of Pronouncement 22/09/2023 आदेश / Order Per Dr. A. L. Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2010-11, Is Directed Against The Order Passed By The National Faceless Appeal Centre, Delhi (In Short “Nfac/Ld. Cit(A)”], Dated 07.07.2023, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer Under Section 143(3) R.W.S 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’), Dated 19.12.2017. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “1. Ld. Cit[A], Nfac, Delhi Has Erred In Law & On Facts To Upheld A.O’S Reopening U/S 147 & Issue Of Notice U/S 148 Of The Act Ignoring The Fact & Law That Incorrect Information Received From Ddit[Inv.] Does Not Give Jurisdictional To The A.O For Invoking Reassessment Proceedings Us/ 147 Of The Act. 2. Ld. Nfac, Delhi Has Erred In Law & On Facts To Upheld Addition Of Partner’S Capital Of Rs.12,50,000/- [Shilpaben Shah] As Well As Another Partner’S Capital Rs.12,50,000/- [Nipaben Shah] + Total Rs.25,00,000/- Ignoring The Fact That There Was No Business Activity Of Firm In The Year Under Assessment As Well As Partner’S Capital Contribution Cannot Be Treated As Income Of The Firm Considering Facts Of Appellant’S Case.”

Section 133(6)Section 142(1)Section 143(3)Section 147Section 148

recorded by the Assessing Officer. 12. On merit, Ld. Sr-DR stated that assessee has not submitted enough material to prove the genuineness of the transactions. 13. I note that Assessing Officer has made the addition in respect of capital contribution made by one of the partners and said amount