← 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

Mukesh Vinodkumar Singh, Mumbai vs. Income Tax Officer 2(5). Thane, Mumbai

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

ITA 38/MUM/2023[2009-2010]Status: DisposedITAT Mumbai25 May 2023AY 2009-2010

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.38/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2009-10) Mukesh Vinodkumar Singh बिधम/ Ito-2(5), Thane Gala No. 5 Saisneha Cit/Nfac. Vs. Industrial Estate Near Ekvira Gas Godown Bhayander (E), Mumbai- 401105. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Bmpps6780N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri D. C. Saboo & Shyam Saboo Revenue By: Shri Anil Gupta सुनवाई की तारीख / Date Of Hearing: 02/03/2023 घोषणा की तारीख /Date Of Pronouncement: 25/05/2023 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 29.11.2022 For Ay. 2009-10. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of The Ao By Making Addition Of 100% Alleged Bogus Purchases While Accepting The Sales Shown By The Assessee. 3. Brief Facts As Noted By The Ao Is That The Assessee Had Filed Roi Declaring Total Income At Rs.3,99,174/- On 29.09.2009 For Ay. 2009-10 Which Was Processed U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”). Later, The Ao Received An Information From The Maharashtra Sales Tax Department, Mumbai That Certain Persons Were Providing Accommodation Entries/Bills To Facilitate Beneficiaries Like Assessee To Book Bogus Purchases In The Books Without Actual

For Appellant: Shri D. C. Saboo & Shyam SabooFor Respondent: Shri Anil Gupta
Section 133(6)Section 143(1)Section 147

Rs.4,31,288/- i.e. total amount of Rs.8,09,946/-. Even though the assessee filed the relevant documents (supra) to prove the genuineness of the transaction as well as the corresponding sales (page 19 of PB) which shows that the assessee has shown margin of 25% from the sales

Income Tax Office-20(1)(1), Mumbai vs. M/S Crystal Corporation, Mumbai

In the result, the appeal filed by Revenue is dismissed

ITA 823/MUM/2023[2011-12]Status: DisposedITAT Mumbai24 May 2023AY 2011-12

Bench: Shri Pavan Kumar Gadale & Ms. Padmavathy Sito-20(1)(1), M/S. Crystal 110,1St Floor, Piramal Corporation, 4A/4B, बनाम/ Chamber, Ground Floor, Opp. Vs. Lalbaug,Parel, Annex Building, Old Mumbai-400012. Anjirwadi, Mazgaon, Mumbai-400010. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacfc7226Q (अपीलाथ" /Appellant) (""थ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri.Anil Gupta.Dr ""थ" की ओर से/Respondent By : None. सुनवाई की तारीख / Date Of Hearing 22/05/2023 घोषणा की तारीख /Date Of Pronouncement 24/05/2023 आदेश / Order Per Pavan Kumar Gadale - Jm: The Revenue Has Filed An Appeal Against The Order Of Commissioner Of Income-Tax (Appeals)-National Faceless Appeal Centre, Delhi [“Ld. Cit(A)”] Passed Under Section 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year (“Ay”) 2011-12. The Revenue Has Raised Following Grounds Of Appeal:- 1. "Whether On The Facts & In Circumstances Of The Case & In Law, The Ld. Cit(A) Was Correct In Restricting The Addition Made On Account Of Bogus Purchase To 6% Of Total Bogus Purchases Ignoring The Fact That The Sales

For Appellant: Shri.Anil Gupta.DRFor Respondent: None
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 148Section 250

found that the assessee has obtained bogus purchase bills from two parties aggregating to Rs. 18,15,639/- and to test check the genuineness of the transactions, the AO has issued notice u/s 133(6) of the Act to the parties and there was no response. Hence ... assessee has failed to produce the parties. Finally, the AO was not satisfied with the explanations of the assessee and observed that the genuineness of the transactions could not be established and made disallowance of alleged bogus purchases of Rs.18,15,639/- and assessed the total income of Rs.18

ITO Ward-2(1), Thane vs. Shri Rajesh Kumar G. Jain, Bhayander

In the result, the appeal filed by the revenue is dismissed

ITA 1251/MUM/2021[2010-11]Status: DisposedITAT Mumbai24 May 2023AY 2010-11

Bench: Shri M Balaganesh & Shri Pavan Kumar Gadaleito, Ward – 2(1) Vs. Shri Rajesh Kumar G Room No. 25, 6Th Floor, Jain, B-Wing, Ashar It Park Flat No. 305, Janki Wagle Industrial Estate Orchid, 90 Feet Road, Thane (W) – 400604. Bhayander West, Maharashtra. Thane – 401101 Maharashtra. Pan/Gir No. : Aaepj5345H Appellant .. Respondent Appellant By : Shri T.Shankar. Dr Respondent By : None Date Of Hearing 19.05.2022 Date Of Pronouncement 20.05.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals)-1 Passed U/S 143(3) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri T.Shankar. DRFor Respondent: None
Section 131Section 133(6)Section 143(1)Section 143(2)Section 143(3)

bogus Shri Rajesh Kumar G. Jain, Mumbai. purchases, despite holding that the purchases were not genuine and the assessee failed to prove genuineness of the transactions. 2. On the facts and in the circumstances of the case and in law, Ld. CIT erred in deleting the above addition despite ... course of hearing found that the assessee has made purchases from the 13 parties and the A.O to test check the genuineness of the transactions has issued notice u/s 133(6) of the Act on the 13 parties and the said notices Shri Rajesh Kumar G. Jain, Mumbai. were returned