← 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

The Dy. Commissioner of Income Tax, Central Circle-5(1), Mumbai vs. M/S Rps Infra Projects Private Limited, Mumbai

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

ITA 2781/MUM/2022[2013-2014]Status: DisposedITAT Mumbai05 May 2023AY 2013-2014

Bench: Shri B R Baskaran & Shri Pavan Kumar Gadalethe Dcit, Vs. M/S. Rps Infra Central Circle 5(1), Projects Pvt Ltd., Room No. 1928, C, 113 Shyam Kamal, 19Th Floor, Airindiabldg, 27, Tejpal Road, Nariman Point, Vile Parle (E), Mumbai-400021. Mumbai-400057. Pan/Gir No. : Aadcr3607E Appellant .. Respondent Appellant By : Shri.Dr. Kishor Dhule Cit-Dr & Smt. Neeraja Sharma.Dr Respondent By : Shri. Jp Bairagra, Shri Ashiskumar Bairagra & Shri Akhilesh Pevekar. Ar Date Of Hearing 06.02.2023 Date Of Pronouncement 03.05.2023 आदेश / O R D E R Per Bench: The Revenue Has Filed The Appeal Against The Order Of Commissioner Of Income Tax (Appeals)-53, Mumbai Passed U/S 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Dr. Kishor Dhule CIT-DR &For Respondent: Shri. JP Bairagra
Section 143(3)Section 250Section 68

fact. that the assessee failed to prove the genuineness of purchases, andpayments by account payee cheques is not enough evidence to prove the genuineness of the transaction ?" ii Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) is justified in deleting the addition ... respect of unsecured loans from M/s Kothari Impex ignoring the facts that the assessee has not proved the genuineness of the transaction, the identity of the creditors, and credit- worthiness of the parties to the satisfaction of the AO, so as to discharge the primary onus?" iv) Whether

The Dy. Commissioner of Income Tax, Central Circle-5(1), Mumbai vs. M/S Priti Construction, Mumbai

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

ITA 2780/MUM/2022[2013-2014]Status: DisposedITAT Mumbai03 May 2023AY 2013-2014

Bench: Shri B.R Baskaran & Shri Pavan Kumar Gadalethe Dcit,Central.C.5(1), Vs. M/Spriticonstructions, Room No. 1928, C, 113, Shyam Kamal, 19Th Floor,Air India 27, Tejpal Road, Bldg, Nariman Point, Vile Parle (E), Mumbai-400021. Mumbai-400057. Pan/Gir No. : Aaafp0516A Appellant .. Respondent Appellant By : Shri.Dr.Kishor Dhule Cit-Dr & Smt. Neeraja Sharma.Dr Respondent By : Shri. Jp Bairagra, Shri Ashiskumar Bairagra & Shri Akhilesh Pevekar. Ar Date Of Hearing 06.02.2023 Date Of Pronouncement 03.05.2023 आदेश / O R D E R Per Bench: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals) – 53 Passed U/S 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Dr.Kishor Dhule CIT-DR &For Respondent: Shri. JP Bairagra
Section 143(3)Section 250Section 68

genuineness of purchases, and any expenditure in respect of which payments by account payee cheques is not enough evidence to prove the genuineness of the transaction ? ii. Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) is justified in deleting the addition ... respect of unsecured loans ignoring the facts that the assessee has not proved the genuineness of the transaction, the identity of the creditors, and credit-worthiness of the parties to the satisfaction of the AO, so as to discharge the primary onus?" iv. "The appellant craves to leave

The Dy.Comm. of Income Tax, Central Circle-5(1), Mumbai vs. M/S Rps Infra Projects Private Limited, Mumbai

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

ITA 2708/MUM/2022[2019-20]Status: DisposedITAT Mumbai03 May 2023AY 2019-20

Bench: Shri B R Baskaran & Shri Pavan Kumar Gadalethe Dcit, Vs. M/S. Rps Infra Central Circle 5(1), Projects Pvt Ltd., Room No. 1928, C, 113 Shyam Kamal, 19Th Floor, Airindiabldg, 27, Tejpal Road, Nariman Point, Vile Parle (E), Mumbai-400021. Mumbai-400057. Pan/Gir No. : Aadcr3607E Appellant .. Respondent Appellant By : Shri.Dr. Kishor Dhule Cit-Dr & Smt. Neeraja Sharma.Dr Respondent By : Shri. Jp Bairagra, Shri Ashiskumar Bairagra & Shri Akhilesh Pevekar. Ar Date Of Hearing 06.02.2023 Date Of Pronouncement 03.05.2023 आदेश / O R D E R Per Bench: The Revenue Has Filed The Appeal Against The Order Of Commissioner Of Income Tax (Appeals)-53, Mumbai Passed U/S 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Dr. Kishor Dhule CIT-DR &For Respondent: Shri. JP Bairagra
Section 143(3)Section 250Section 68

fact. that the assessee failed to prove the genuineness of purchases, andpayments by account payee cheques is not enough evidence to prove the genuineness of the transaction ?" 2. Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) is justified in deleting the addition ... respect of unsecured loans ignoring the facts that the assessee has not proved the genuineness of the transaction, the identity of most of the creditors, and credit-worthiness of the parties to the satisfaction of the AO, so as to discharge the primary onus?" 4. Whether on the facts

The Dy. Commissioner of Income Tax, Central Circle-5(1), Mumbai vs. M/S Saket Infra Projects Private Limited, Mumbai

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

ITA 2783/MUM/2022[2013-2014]Status: DisposedITAT Mumbai02 May 2023AY 2013-2014

Bench: Shri B R Baskaran & Shri Pavan Kumar Gadalethe Dcit, Vs. M/S. Saket Infra Central Circle 5(1), Projects Pvt Ltd., Room No. 1928, L3-308,The Summit 19Th Floor, Airindiabldg, Bay, Service Road, We Nariman Point, Highway, Vile Parle (E) Mumbai-400021. Mumbai –400057. Pan/Gir No. : Aakcs4532L Appellant .. Respondent Appellant By : Shri.Dr. Kishor Dhule Cit-Dr & Smt. Neeraja Sharma.Dr Respondent By : Shri. Jp Bairagra, Shri Ashiskumar Bairagra & Shri Akhilesh Pevekar. Ar Date Of Hearing 06.02.2023 Date Of Pronouncement 02.05.2023 आदेश / O R D E R Per Bench: The Revenue Has Filed The Appeal Against The Order Of Commissioner Of Income Tax (Appeals)-53, Mumbai Passed U/S 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Dr. Kishor Dhule CIT-DR &For Respondent: Shri. JP Bairagra
Section 143(3)Section 250Section 68

genuineness of purchases, and any expenditure in respect of which payments by account payee cheques is not enough evidence to prove the genuineness of the transaction ?" 2 Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) is justified in deleting the addition ... respect of unsecured loans ignoring the facts that the assessee has not proved the genuineness of the transaction, identities of most of the creditors and credit- worthiness of the parties to the satisfaction of the AO, so as to discharge the primary onus?" 4 "The appellant craves to leave

Dy CIT CC 4(3), Mumbai vs. Shri. Rajesh Omprakash Agrawal, Thane

In the result ground number 1

ITA 1284/MUM/2020[2015-16]Status: DisposedITAT Mumbai01 May 2023AY 2015-16

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Dcit(Cc)4(3) Rajesh Omprakash Agrawal R No. 1921, 19Th Floor, Air 16 Sai Shyam Chhaya Kopar India Bldg, Nariman Point, Road, Dombivali West, Vs. Thane-421202 Mumbai-400 021 (Appellant) (Respondent) Dcit(Cc)4(3) Rajesh Omprakash Agrawal R No. 1921, 19Th Floor, Air 16 Sai Shyam Chhaya Kopar India Bldg, Nariman Point, Road, Dombivali West, Vs. Thane-421202 Mumbai-400 021 (Appellant) (Respondent) Pan No. Adypa5448F Assessee By : Shri. Ajay Daga, Ashok Bansal Revenue By : Ms Ridhi Mishra (Cit Dr) Date Of Hearing: 02.02.2023 Date Of Pronouncement : 01.05.2023

For Appellant: Shri. Ajay Daga, Ashok BansalFor Respondent: Ms Ridhi Mishra (CIT DR)
Section 10Section 132Section 133ASection 142Section 143Section 153ASection 153C

authorized representative further challenged that the long-term capital gain has been earned by the assessee for which the assessee has proved the genuineness of the transaction. He submitted that he is not at all connected with RK Kedia group as far as the transaction of long-term capital gain ... genuine, it is a Cardinal principle that it is the duty of the assessee to prove the identity, creditworthiness and genuineness of the transaction if any sum is found credited in the books of the accounts of the assessee. The initial onus lies on the assessee to prov the nature