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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

Suraj Air Flow Engineers, Mumbai vs. The Assistant Commissioner of Income Tax, Circle-22(3), Mumbai

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

ITA 1386/MUM/2023[2014-2015]Status: DisposedITAT Mumbai18 Jul 2023AY 2014-2015

Bench: Shri Aby T Varkey & Shri Amarjit Singhsuraj Air Flow Engineers Vs. The Acit, Circle 22(3) 4, Ground Floor, Room No. 322, 3 Rd Floor, Akashdeep, 1St Road, T.P. Piramal Chambers, S. Vi, Santacruz (W) Lalbaug, Mumbai – 400 054 Mumbai – 400 012 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aacfs4159E Appellant .. Respondent [ Appellant By : None Respondent By : Suresh D. Gaikwad Date Of Hearing 10.07.2023 Date Of Pronouncement 18.07.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 16.03.2023 For A.Y. 2014-15. The Assessee Has Raised The Following Grounds Before Us: “(A) Addition On Account Of Alleged Cash Credits- Rs.77,80,000/- 1. The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) [Cit(A)] Erred On Facts & In Law In Confirming The Addition Made By The Assistant Commissioner Of Income Tax, Circle - 22(3), Mumbai (Ao) Of Rs.77,80,000/- On Account Of Alleged Cash Credits By Holding That The Appellant Did Not File Application For Admitting The Additional Evidences By Providing Reasonable Cause To Admit The Same. 2. The Learned Cit(A) Erred On Facts & In Law In Not Invoking The Powers Vested In Him Under Section 250(4) While Not Considering The Additional Evidences Furnished By The Appellant.

For Appellant: NoneFor Respondent: Suresh D. Gaikwad
Section 133(6)Section 143(2)Section 143(3)Section 250(4)Section 68

assessing officer stated that assessee has not filed the required detail and evidences to prove identity, creditworthiness of the loan creditors and genuineness of the transaction etc. Therefore, the assessing office has issued notices u/s 133(6) of the Act to the 13 parties directing them to submit evidences with

ITO, Ward-24(1), New Delhi vs. Soumya Tradecom Pvt Ltd (Erst. Soumya Infratech (P)Ltd.), Aligarh

In the result, the appeal of revenue is dismissed

ITA 1095/DEL/2021[2011-12]Status: DisposedITAT Delhi18 Jul 2023AY 2011-12

Bench: Shri Chandra Mohan Garg & M.Balaganeshassessment Year: 2011-12 Ito, Ward-24(1), New Delhi M/S Soumya Tradecom Pvt. Ltd., (Erst. Soumya Infratech (P) Ltd.,) Vs. Room No. 91, Devika Tower, Nehru Place, South Delhi, Delhi 110019 Pan Aalcs 1040 G (Appellant) (Respondent) For Assessee : Shri Sunil Kuamr Gupta, Ca Revenue For : Shri Raghunath, Sr. Dr Date Of Hearing : 04.05.2023 Date Of Pronouncement : 18.07.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Cit(A)-28, New Delhi Dated 07.07.2020 For A.Y. 2011-12. 2. The Grounds Have Been Raised By The Revenue Are As Follows:- 1. "Whether, On The Facts & Circumstances Of The Case & Law, The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs. 4,97,14,844/- Made On Account Of Share Application Mony & Share Capital." 2. "The Ld. Cit(A) Has Failed To Take Notice Of The Reason Recorded Wherein The Then Ao Had Mentioned Amount Of Rs. 4,43,84,8441- & While Framing Of Reason, The Ao Had Mentioned Escapement Of Income At Least Of Rs. 1,00,000/- Which Has Broader Prospective. 3. "The Ld. Cit(A) Has Failed To Appreciate That "Approved" Connotes That Competent Authority Has Read & Understood Fully The Proposal Proposed By Ao & He Is Satisfied That The Case Is Fir For Reopening Us 148 Of The I.T. Act." 4. "The Ld. Cit(A) Has Failed To Appreciate The Bogus Nature Of Transactions As The Assessee Company Did Not Provide Relevant Documents Before A To Establish The Genuineness Of The Transactions So Undertaken." 5. The Ld. Cit(A) Has Failed To Appreciate That Onus Of Proving Transaction As Bogus Nature On Ao Comes Only After Discharge Of Onus By Assessee By Giving All Relevant Documents Which Assessee Failed To Discharge During Assessment Proceedings. Application Of Revenue Seeking Condonation Of Delay Of 255 Days.

For Appellant: Shri Sunil Kuamr Gupta, CA
Section 151

failed to appreciate the bogus nature of transactions as the assessee company did not provide relevant documents before A to establish the genuineness of the transactions so undertaken." 5. The Ld. CIT(A) has failed to appreciate that onus of proving transaction as bogus nature on AO comes only after ... also failed to appreciate the bogus nature of transactions as the assessee company did not provide relevant documents before AO to establish the genuineness of the transactions so undertaken. Therefore the ld. Senior DR finally submitted that the ld. CIT(A) has granted relief to the assessee on legal grounds

Sankpal Developers, Mumbai vs. The ITO, Ward-25(1)(1), Mumbai

ITA 1064/MUM/2023[2013-14]Status: DisposedITAT Mumbai14 Jul 2023AY 2013-14

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1064/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) Sankpal Developers बिधम/ Ito, Ward-25(1)(1) 101-104, Haripriya 203, Kautilya Bhavan, Vs. Apartment, Sundervan Bandra Kurla Complex, Complex, Lokhandwala Bandra, Mumbai-400051. Cross Road, Andheri (West), Mumbai-400053. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Abwfs4025Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharmesh Shah/Ms. Mitali Gopani Revenue By: Shri Dharmvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 26/06/2023 घोषणा की तारीख /Date Of Pronouncement: 14/07/2023 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. Cit(A)/Nfac, Delhi Dated 24.03.2023 For Ay. 2013-14. 2. The Only Grievance Of The Assessee Against The Action Of The Ld. Cit(A) Confirming The Addition Of Rs.50 Lakhs On Account Of Alleged Bogus Loan Received By The Assessee. 3. Brief Facts, As Noted By The Ao Is That The Assessee Had Filed Return Of Income Declaring Total Income At Rs. Nil. Later, The Return Was Selected For Scrutiny Under Cass. The Ao Noted That He Received Information From The Dgit(Inv.), Mumbai That Shri Rajendra Jain, Shri Sanjay Choudhary, Shri Dharmichand Jain [Alleged Entry Operators] & Their Group Entities Are Providing Accommodation Entries Inter-Alia In The Nature Of Unsecured Loans & That Assessee Is Also A Beneficiary Of Such Activity. According To The Ao, The Assessee

For Appellant: Shri Dharmesh Shah/Ms. MitaliFor Respondent: Shri Dharmvir D Yadav (Sr. DR)
Section 68

Nazar (ii) confirmation account (iii) bank statement of the loan transaction to prove the nature and source of loan i.e. identity, creditworthiness of genuineness of the transaction. According to the AO, despite the following documents filed, the assessee failed to produce the loan party and based on the information available