← 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

Singh Infrastructures India Pvt Ltd, Gurgaon vs. DCIT-Circle-24(2), New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 2670/DEL/2019[2014-15]Status: DisposedITAT Delhi21 Feb 2023AY 2014-15

Bench: Shri Shamim Yahya & Shri C.M. Gargassessment Year: 2014-15 Singh Infrastructure India Pvt. Ltd., Vs. Dcit, 9, Bougain Villa Marg, Circle-24(2), Dlf Phase-2, New Delhi. Gurgaon, Haryana – 122001. Pan: Aajcs3083M (Appellant) (Respondent) Assessee By : Ms Ayushi Gupta, Ca & Shri Ajay Wadhwa, Advocate Revenue By : Shri Abhishek Kumar, Sr. Dr Date Of Hearing : 28.11.2023 Date Of Pronouncement : 21.02.2023 Order Per C.M. Garg, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 01.02.2019 Of The Cit(A)-8, New Delhi, Relating To Assessment Year 2014-15. 2. The Grounds Of Appeal Taken By The Assessee Read As Under:- “That The Order Of Ld. Cit(A) - 8, Dated 01/02/2019 Is Bad In Law • & On Facts. • That The Ld. Cit(A) Has Erred On Facts & In Law In Sustaining The Addition Of Rs. 2,86,50,000/- Representing Unsecured Loan Creditors U/S 68 Of The Income Tax Act, 1961. • The Ld. Cit(A) Has Erred On Facts & In Law In Holding That The Assessee Has Failed To Discharge The Onus Of Proving Credit-Worthiness Of Lenders. • That The Ld. Cit(A) Has Erred On Facts & In Law By Not Accepting The Application Under Rule 46A For Additional Evidence. • That The Ld. Cit(A) Has Erred On Facts By Stating That The Assessee Has Not Made Any Application U/R 46A For The Admission Of Additional Evidences. The Assessee Had Duly Filed An Application U/R 46A Dated 15/01/2019 For Additional Evidences Along With The Submissions & Other Evidences Which The Ld. Cit(A) Failed To Consider & Thereby Incorrectly Alleged At Pg. 8,1St Para, 3Rd Line That No Application U/R 46A Has Been Filed. • That The Appellant Craves To Amend/Alter/Modify The Grounds Of Appeal And/Or To Raise Additional Grounds Of Appeal.”

For Appellant: Ms Ayushi Gupta, CA &For Respondent: Shri Abhishek Kumar, Sr. DR
Section 68

following points:- (i) The assessee had discharged the initial onus placed on it. If the Department had a doubt with regard to the genuineness of the transactions or with regard to the credit worthiness of the creditors, it would have discharged the onus which had shifted on the shoulders ... assessee’s paper book and, thus, the assessee has discharged its initial onus to establish the identity of lenders, genuineness of the transaction and the credit worthiness of the 4 creditors, but, the authorities below have not considered the same in right perspective and made addition without bringing on record