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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

Rohit Infra Projects P. Ltd, Mumbai vs. DCIT Cen Cir 2, Thane

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2437/MUM/2017[2013-14]Status: DisposedITAT Mumbai12 Dec 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.2437/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2013-14) Rohit Infra Projects Pvt. बिधम/ Dcit, Central Circle-2 Ltd. B, Wing, Ashar I. T. Park, Vs. A-1/103, Orchid Plaza, R. Wagle Estate, Thane. T. Road, Dahisar, Mumbai- 400068. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadcr4744C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharan Gandhi Revenue By: Shri T. Sankar (Dr) सुनवाई की तारीख / Date Of Hearing: 16/09/2022 घोषणा की तारीख /Date Of Pronouncement: 12/12/2022 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 (Appeals)-11, Pune Dated 31.01.2017 For The Assessment Year 2013-14. 2. The Main Grievance Of The Assessee Is That The Assessee Had Filed The Revised Return Of Income For Ay. 2013-14 On 19.03.2015 Which Has Not Been Taken Into Consideration By The Ao, Before Framing The Assessment Order Passed U/S 143(3) Of The Income Tax Act On 27.03.2015, Therefore, The Assessment Need To Be Made De-Novo.

For Appellant: Shri Dharan GandhiFor Respondent: Shri T. Sankar (DR)
Section 133(6)Section 139(1)Section 143(3)

According to the AO, he had made enquiries with various parties by issuing notice u/s 133(6) of the Act to verify the genuineness of the transactions carried out by the assessee, which were returned un-served. So the AO made an addition to the tune of Rs.5

Sikkanthar Shah Jahan, Chennai vs. ITO Non Corporate Ward-12(1), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 483/CHNY/2020[2010-11]Status: DisposedITAT Chennai30 Nov 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.483/Chny/2020 िनधा"रण वष"/Assessment Years: 2010-11 Shri Sikkanthar Shah Jahan, Vs. The Income Tax Officer, No. 14, Iv Line, Sr Towers, North Non-Corporate Ward 12(1), Beach Road, Chennai 600 001. Chennai [Pan:Aazps2263A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K.G. Raghunath, Advocate ""थ" की ओर से/Respondent By : Shri R. Boopathi, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 24.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 13, Chennai Dated 03.08.2018 Relevant To The Assessment Year 2010-11. 2. The Appeal Filed By The Assessee Is Time Barred By 511 Days Delay In Filing The Appeal Before The Tribunal. In The Form Of An Affidavit, The Assessee Has Filed Petition For Condonation Of Delay, Wherein, Following Submissions Were Made: “3. I Humbly State Before The Honourable Income Tax Appellate Tribunal, That The Filing Of Appeal Before The Honourable Income Tax Appellate

For Appellant: Shri K.G. Raghunath, AdvocateFor Respondent: Shri R. Boopathi, Addl. CIT
Section 143(3)Section 147Section 148Section 68

Abdul Rahim Rafiq Jaffer for Rs.50,00,000/-. It is evident from the assessment order that the AO also wants to verify the genuineness of the transaction for which asked assessee to provide details like last address, PAN number, details of Income Tax return filed nor he is able ... number, details of Income Tax return filed. The assessee even could not furnish this basic details during the appeal proceedings. Therefore the genuineness of the transaction could not be established. Considering this, I upheld the action of the AO to treat sum of Rs.50,00,000/- as unexplained u/s.68