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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

Alpana Sunil Shah, Mumbai vs. The CIT NFAC, Mumbai

In the result, appeal of the assessee is allowed

ITA 2305/MUM/2021[2011-12]Status: DisposedITAT Mumbai22 Dec 2022AY 2011-12

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2305/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2011-12) Alpana Sunil Shah बिधम/ Commissioner Of Income 23L/12Th Floor, Navjivan Tax (Appeals) Vs. Commercial Co-Op Society National Faceless Appeal Ltd, Dr. D.B. Marg, Centre (Nfac), Delhi. Mumbai Central, Mumbai- 400008. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaeps9752R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Smt. Nayana K. Kumar सुनवाई की तारीख / Date Of Hearing: 29/11/2022 घोषणा की तारीख /Date Of Pronouncement: 22/12/2022 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. Commissioner Of Income Tax/Nfac, Delhi Dated 30.09.2021 For Assessment Year 2011-12. 2. None Appeared For The Assessee. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Addition On Account Of Sale Of Shares As Unexplained Money U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Of Rs.1,41,761/- & Commission On It To The Tune Of Rs.2,835/-. The Assessee /Alpana Sunil Shah Is Carrying On The Business Of Trading & Investments In Shares, Bonds, Debentures, Securities & Financial Instruments. The Assessee Had E-Filed Its Return Of Income For The Previous Year Ended On March 31, 2011 Relevant To Ay. 2011-12 On March 15, 2012, Declaring

For Appellant: NoneFor Respondent: Smt. Nayana K. Kumar
Section 148Section 68

amount of Rs.1,38,761/- and thus made a loss of Rs.4,546/-. The assessee in order to prove the genuineness of the transaction had filed following documents: - (a) Script wise statement of her broker, M/s. R. K. Global Shares and Securities Ltd. (b) Financial statement of broker

Pine Tree Consultants P.Ltd., Mumbai vs. Dy CIT Circle - 3(2)(2), Mumbai

In the result, the three appeals filed by the assessee are allowed

ITA 1695/MUM/2020[2014-15]Status: DisposedITAT Mumbai21 Dec 2022AY 2014-15

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaleita No.1696/Mum/2020 (A.Y: 2013-14) Pine Tree Consultants Vs. Dcit, Circle – 3(2)(2) Pvt Ltd, No.104, Raheja Aayakar Bhavan, Centre, 1St Floor, Mk Road, Free Press Journal Mumbai -400020. Marg, Nariman Point, Mumbai -400 021 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcp8816F Appellant .. Respondent Appellant By : Mr.Neelkanth Khandelwal.Ar Respondent By : Ms.Deepika Arora.Dr Date Of Hearing 23.11.2022 Date Of Pronouncement 22.12.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Are The Three Appeals Filed By The Assessee Against The Separate Orders Of The Commissioner Of Income Tax(Cit(A))-8 Mumbai Passed Under Sec250 Of The Act

For Appellant: Mr.Neelkanth Khandelwal.ARFor Respondent: Ms.Deepika Arora.DR
Section 133(6)Section 143(2)Section 148Section 68

Khandelwal & Associates, Chartered Accountants filed with the Assessing Officer page nos 30 to 203 of the paper book. Thus, the genuineness of the transactions and creditworthiness of the lending-companies is proved. The appellants therefore, submit that they have furnished all the details to prove the identity of the lending ... companies as also their creditworthiness and the genuineness of the transactions. It is therefore, contended that the impugned addition under section 68 ought not to have been made in view of the fact that the three litmus tests of section 68 namely, ITA No. 1695, 1696& 1697/Mum/2020 Pine Tree Solutions