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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

Wonder Laminates Pvt. Ltd., Kolkata vs. PCIT-5, Kolkata

In the result, appeal of the assessee is allowed

ITA 316/KOL/2022[2010-11]Status: DisposedITAT Kolkata16 Dec 2022AY 2010-11

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarmai.T.A. No. 316/Kol/2022 Assessment Year: 2010-11 Wonder Laminates Pvt. Ltd. Pr. Commissioner Of Income Tax-5, C/O. Subash Agrawal & Vs Kolkata Associates, Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata – 700069 [Pan : Aaacw2197D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddarth Agarwal, Advocate Revenue By : Shri Biswanath Das, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 21/11/2022 घोषणा क" तारीख /Date Of Pronouncement: 16 /12/2022 आदेश/O R D E R Per Shri Rajesh Kumar: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Principal Commissioner Of Income Tax – 5, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 30/06/2020, Passed U/S 263 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2010-11. 2. Though The Registry Has Pointed Out That The Appeal Is Time Barred, However, In View Of The Decision Of The Hon’Ble Supreme Court In The Case Of Miscellaneous Application No. 665 Of 2021 In Smw(C) No. 3 Of 2020, The Period Of Filing Appeal During The Covid-19 Pandemic Is To Be Excluded For The Purpose Of Counting The Limitation Period. In View Of This, The Appeal Is Treated As Filed Within The Limitation Period.

For Appellant: Shri Siddarth Agarwal, AdvocateFor Respondent: Shri Biswanath Das, CIT D/R
Section 133(6)Section 143(1)Section 143(3)Section 147Section 148Section 263

genuineness of the share capital/share premium raised and no addition was made meaning thereby creditworthiness and identity of the share subscriber companies and genuineness of the transactions were accepted by the Assessing Officer based on the replies of I.T.A. No. 316/Kol/2022 Assessment Year: 2010-11 Wonder Laminates ... repaid the same. However, the Assessing Officer has not conducted any enquiry in respect of the identity, creditworthiness of the loan creditors and genuineness of the transactions along with its repayment. The ld. Pr. CIT issued a showcause notice u/s 263 of the Act to the assessee requiring to showcause

M/S Mega Management Services Pvt Ltd., Mumbai vs. DCIT CC 6 (4), Mumbai

In the result, appeal by the assessee is partly allowed

ITA 7811/MUM/2019[2013-14]Status: DisposedITAT Mumbai16 Dec 2022AY 2013-14

Bench: Shri Vikas Awasthy & Shri Amarjit Singhआअसं. 7811/मुं/2019 ("न.व. 2013-14) M/S. Mega Management Services P. Ltd. 301 Level-3, Ceejay House F Block Shiv Sagar Estate, Dr. Annie Besant Worli, Mumbai 400018 ...... अपीलाथ"/Appellant Pan: Aaacm4143K बनाम Vs. Dcit, Central Circle 6(4) Room No. 209, 2Nd Floor Aayakar Bhavan, M.K. Road ..... ""तवाद"/Respondent Mumbai 400020 अपीलाथ" "वारा/ Appellant By : Shri Piyush Chhajed ""तवाद" "वारा/Respondent By : Dr. Samuel Pitta

For Appellant: Shri Piyush ChhajedFor Respondent: Dr. Samuel Pitta
Section 133(1)Section 14ASection 36(1)(iii)Section 37Section 37(1)Section 68

required to be satisfied to prove genuineness of the loans, viz: (i) creditworthiness of the lender, (ii) identity of the lender, and (iii) genuineness of the transaction. The unsecured loans taken by the assessee from M/s. Rajat Diamond Exim Pvt. Ltd. of Rs.35 lakhs and M/s. Proficient Merchandise ... Assessing Officer as the assessee purportedly failed to discharge its onus in proving the genuineness and identity of the lenders and genuineness of the transaction. During assessment proceedings, summons u/s. 131(1) of the Act were issued to the aforesaid parties. However, they could not 7 be served. The assessee

ITO 25 (3)(3), Mumbai vs. Rahul Kantilal Shah, Mumbai

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

ITA 6806/MUM/2018[2013-14]Status: DisposedITAT Mumbai13 Dec 2022AY 2013-14

Bench: Shri M Balaganesh & Shri Pavan Kumar Gadaleito – 25(3)(3) Vs. Rahul Kantilal Shah Room No. 606, 6Th Floor 701, Saroj Bldg, C-10, Pratyaksh Kar Sardar Vallabhbhai Bhavan, Bkc Complex Patel Road, Opp Pawan Bandra (E), Mumbia – Hans, Vile Parle (W) 400 051. Mumbai – 400 056. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaips0543C Appellant .. Respondent Appellant By : Ms. Samruddhi Hande.Dr Respondent By : Mr. Anuj Kisnadwala.Ar Date Of Hearing 23.09.2022 Date Of Pronouncement 19.12.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Passed By The Commissioner Of Income Tax (Cit(A)) - 37, Mumbai Passed U/S 143(3) & 250 U/Sec Of The Act. The Revenue Has Raised The Fallowing Grounds Of Appeal:

For Appellant: Ms. Samruddhi Hande.DRFor Respondent: Mr. Anuj Kisnadwala.AR
Section 143(3)Section 14ASection 57Section 68

properly filed and does not have addresses and PAN of the concerned party. Therefore the loan documents could not prove the genuineness of the transactions. Since the details are not filed with proper information and the A.O. has issued show cause notice. 3. Whereas the A.O. found that the loan ... prove that there are non-genuine. 6.9 The assessee must satisfy three important conditions, namely, (i) the identity of the creditor; (ii) the genuineness of the transaction; and (iii) the financial capacity of the of the person, i.e. the credit worthiness of the creditor. However, the onus of the assessee

Joint CIT (OSD) Central Circle-1(4), Mumbai vs. Nabendu Engineering Private Limited, Mumbai

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

ITA 875/MUM/2022[2013-14]Status: DisposedITAT Mumbai12 Dec 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 875/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2013-14) Nabendu Engineering Jcit (Osd), Cen. Cir-1(4), Pvt. Ltd., 9Th Floor, 902, Pratistha बिधम/ 85, Podar Centre, Parel Bhavan, Old Cgo Post Office Lane, Opp. Vs. Bldg.(Annex), M. K. Road, Ambedkar Road, Parel, Mumbai-400 020 Mumbai-400 012 स्थायीलेखासं./जीआइआरसं./ Pan No. Aaecn2103N (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Mahesh Akhade, Ld. Dr Shri Siddharth Kothari, Ld. Ar प्रत्यथीकीओरसे/Respondent By : सुनवाईकीतारीख/ : 15.09.2022 Date Of Hearing घोषणाकीतारीख / : 12.12.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 22.02.2022, Passed By Ld. Cit(A)-47, Mumbai For The Quantum Of Assessment Passed U/S 143(3) R.W.S 153C For Ay 2013-14. 2

For Appellant: Shri Mahesh Akhade, Ld. DR
Section 132(1)Section 139(1)Section 143(3)Section 153ASection 153CSection 68

India NRA Iron & Steel Pvt. Ltd [SLP (Civil) No. 29855 of 2018] which casts greater onus upon the assessee to prove the genuineness of the transactions related to share application money and failure of which would justify addition. 3. Before us, Ld. Counsel for the assessee has raised the legal