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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

ACIT, New Delhi vs. Sh. Dheeraj Kumar Jain, Delhi

In the result, appeal filed by the revenue for AY 2008-09 is dismissed and Cross Objections filed by the assessee for Assessment Years 2008-09

ITA 5528/DEL/2011[2008-09]Status: DisposedITAT Delhi24 Apr 2023AY 2008-09

Bench: Shri C. M. Garg & Shri M. Balaganeshacit, Vs. Dheeraj Kumar Jain, Central Circle-3, C-215, Vivek Vihar, New Delhi Delhi (Appellant) (Respondent) Pan: Aadpj4043R C.O. No. 17 & 18/Del/2012 (In Ita No. 5528 & 5529/Del/2011) (Assessment Year: 2008-09 & 2009-10) Dheeraj Kumar Jain, Vs. Acit, C-215, Vivek Vihar, Central Circle-3, Delhi New Delhi (Appellant) (Respondent) Pan: Aadpj4043R Assessee By : Dr. Rakesh Gupta, Adv Revenue By: Sh. T. James Singson, Cit Dr Date Of Hearing 18/04/2023 Date Of Pronouncement 24/04/2023

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Sh. T. James Singson, CIT DR
Section 132Section 143(1)Section 143(3)Section 153ASection 153CSection 68

asked to give the details of loan raised, confirmed copy of account from the lenders, proof with regard to identity, creditworthiness and genuineness of the transaction along with photocopy of the bank statements of the lenders giving source of credits appearing therein. All these details were duly furnished ... parties are regularly assessed to income tax; that all the transactions have been made through account payee cheque; thereby proving the genuineness of the transaction; that the assessee had duly furnished the bank statements of the loan creditors which clearly prove the creditworthiness of the parties to advance loans

Shri Shri Pravin Singh S/O Ram Bharose Singh, Bhilai, Bhilai(Cg) vs. The Dy. Commissioner of Income Tax 1(1), Bhilai(Cg)

In the result, appeal of the Assessee is Partly Allowed

ITA 4/BIL/2017[2010-11]Status: DisposedITAT Raipur20 Apr 2023AY 2010-11

Bench: Shri Ravish Sood & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.04/Rpr/2017 िनधा"रण वष" / Assessment Year : 2010-11 Shri Pravin Singh, The Deputy S/O.Ram Bharose Singh, Vs Commissioner Of Income Hotel Madhuram Matri Nagar, Tax Bhilai-1(1), Risali Bhilai (C.G.) Bhilai(C.G.) Pan: Ajbps 7385 N Appellant/ Assessee Respondent /Revenue Assessee By Shri R.B.Doshi – Ar Revenue By Shri Piyush Tripathi – Dr Date Of Hearing 20/03/2023 Date Of Pronouncement 20/04/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-Ii, Raipur, Dated 07.10.2016 Emanating From Assessment Order Dated 23.03.2015Under Section 143(3) R.W.S 147 Of The I.T.Act, 1961 For The A.Y.2010-11. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Ld. Commissioner Of Income-Tax (Appeals) Is Not Justified In Partially Allowing The Appeal By Partially Considering The Facts Of The Case. Shri Pravin Singh [A]

Section 143(1)Section 143(3)Section 145(3)Section 148

said amount in the statements recorded by the AO. Thus, these were not unsecured loans. The assessee has proved identity of the lenders, genuineness of the transaction and creditworthiness. The AO has merely added on the basis that the Return of Income of Mr.Jafar Rashid Khan filed with

Shri Vajubhai N. Kanani, Amreli vs. The ITO, Ward-2(4), Amreli

In the result, assessee’s appeal is dismissed

ITA 29/RJT/2020[2007-08]Status: DisposedITAT Rajkot20 Apr 2023AY 2007-08

Bench: Smt.Annapurna Gupta & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 29/Rjt/2020 ("नधा"रण वष" / Assessment Year : 2007-08) Shri Vajubhai N. Kanani The I.T.O., बनाम/ Prop. Of M/S. Krishna Ward-2(4), Amreli Vs. Construction, At – Malsika, Tal. Dhari, Amreli "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Afppk0597L .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : Written Submission (None) ""यथ" क" ओर से / Shri B. D. Gupta, Sr.D.R. Respondent By : सुनवाई क" तार"ख / Date Of 05/04/2023 Hearing घोषणा क" तार"ख /Date Of 20/04/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Assessee Is Directed Against The Order Dated 13.01.2020 Passed By The Commissioner Of Income Tax (Appeals)-3, Rajkot, (Hereinafter Referred To As ‘The Cit(A)’) Arising Out Of The Penalty Order Dated 25.04.2013 Passed By The Learned Ito, Ward-2(4), Amreli Under Section 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) For Assessment Year 2007-08. Ita No. 29/Rjt/2020 (Shri Vajubhai N. Kanani Vs. Ito) A. Y. 2007-08 - 2- 2. None Appeared At The Time Of Call On Behalf Of The Assessee. However, The Ld. Dr Appeared & Made His Submission In Favour Of The Orders Passed By The Authorities Below In Imposing Penalty For Furnishing Inaccurate Particulars Of Income.

For Appellant: Written Submission (None)
Section 143(3)Section 271(1)(c)Section 68

holding, a copy of bank pass books in case of depositors having bank account were filed. However, the capacity of the depositors and genuineness of the transaction was not found to have been proved by the assessee by the Ld. AO and ultimately addition was made under Section