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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

Mbm Tubes P.Ltd, Mumbai vs. ITO 5(2)(3), Mumbai

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

ITA 5938/MUM/2014[2010-11]Status: DisposedITAT Mumbai15 Nov 2022AY 2010-11

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadalem/S Mbm Tubes Pvt Ltd Vs. Ito – 5(2)(3) Mohanlal Jain & Co, Ca Mumbai. Office No. 10, Chartered House, Ground Floor, Dr Ch Street, Marine Lines Mumbai – 2. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aafcm4177L Appellant .. Respondent Appellant By : None Respondent By : Shri Chetan M. Kacha.Dr Date Of Hearing 09.11.2022 Date Of Pronouncement 21.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Passed By The Commissioner Of Income Tax (Appeals)Cit(A)-9, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Fallowing Grounds Of Appeal: M/S. Mbm Tubes Pvt Ltd, Mumbai. 1. On The Facts & In The Circumstances Of The Case & In Law The Honble Cit(A) Erred In Treating The Genuine Purchases As Bogus By Taking Peak Credit Of Purchase Parties Listed On Mvat Site As Un Explained Purchases Of Rs.55,80,857/- As Unexplained U/Sec69C Of The It Act & The Reasons Assigned For Doing Are Wrong & Contrary To The Provision Of Income Tax & Rules Made There Under. 2. Your Appellant Crave,Leave To Add,Alter,Amend,Or Modify Any Or All Grounds Of Appeal On Or Before The Date Of Hearing.

For Appellant: NoneFor Respondent: Shri Chetan M. Kacha.DR
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 68

details were called for. In compliance the assessee has submitted the information and the AO in order to check the identity, creditworthiness and genuineness of the transaction has called for the income tax return of the lenders and notice u/s 133(6) of the Act was issued. But the said ... assessee has obtained accommodation entries from the six parties aggregating to Rs.1,16,37,634/- and the AO to test check the genuineness of the transactions has called for the various details and issued show cause notice to treat this transactions as bogus transactions, whereas the assessee has submitted

Jt CIT (OSD) Central Circle1(4), Mumbai vs. Parel Graphic Print Pvt Ltd, Mumbai

In the result, ITA number 880/M/2022 filed by the learned assessing officer is dismissed

ITA 880/MUM/2022[2012-13]Status: DisposedITAT Mumbai09 Nov 2022AY 2012-13

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am Jt. Commissioner Of Income Podar Media Magazine & Tax Graphics Prints Pvt. Ltd. (Osd), Central Circle 1(4) 85, Podar Centre, 9Th Floor, 902, Parel Post Office Lane, Vs. Pratishtha Bhavan, Opp. Ambedkar Road, M.K. Road, Parel, Mumbai-400012 Mumbai-400020 (Appellant) (Respondent) Pan No. Aaecp9649K Jt. Commissioner Of Income Parel Graphic Prints Pvt Tax Limited (Osd), Central Circle 1(4) 85, Podar Centre, 9Th Floor, 902, Parel Post Office Lane, Vs. Pratishtha Bhavan, Opp. Ambedkar Road, M.K. Road, Parel, Mumbai-400012 Mumbai-400020 (Appellant) (Respondent) Pan No. Aagcp2425D Assessee By : Ms. Nishitamandalaywala, Ar Revenue By : Mr. Nimesh Yadav, Cit Dr Date Of Hearing: 10.08.2022 Date Of Pronouncement: 09.11.2022

For Appellant: Ms. NishitaMandalaywala, ARFor Respondent: Mr. Nimesh Yadav, CIT DR
Section 132Section 133(6)Section 143(2)Section 143(3)Section 153CSection 56(2)(viib)Section 68

order sheet dated 3rd October, 2019 asking assessee to prove the identity and creditworthiness of the parties as well as the genuineness of the transactions and also to justify the share premium and applicability of provision of Section 56(2)(viib) of the Act. The learned Assessing Officer further noted ... same and submitted that cash credit in case of one assessee cannot be considered is having the proper creditworthiness as well the genuineness of the transaction on identical basis in case of another assessee because for each cash credit identity, creditworthiness and genuineness of the transactions is required

Joint CIT (OSD) Central Circle-1(4), Mumbai vs. Podar Media Magazine & Graphics Prints Pvt Ltd, Mumbai

In the result, ITA number 880/M/2022 filed by the learned assessing officer is dismissed

ITA 874/MUM/2022[2013-14]Status: DisposedITAT Mumbai09 Nov 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am Jt. Commissioner Of Income Podar Media Magazine & Tax Graphics Prints Pvt. Ltd. (Osd), Central Circle 1(4) 85, Podar Centre, 9Th Floor, 902, Parel Post Office Lane, Vs. Pratishtha Bhavan, Opp. Ambedkar Road, M.K. Road, Parel, Mumbai-400012 Mumbai-400020 (Appellant) (Respondent) Pan No. Aaecp9649K Jt. Commissioner Of Income Parel Graphic Prints Pvt Tax Limited (Osd), Central Circle 1(4) 85, Podar Centre, 9Th Floor, 902, Parel Post Office Lane, Vs. Pratishtha Bhavan, Opp. Ambedkar Road, M.K. Road, Parel, Mumbai-400012 Mumbai-400020 (Appellant) (Respondent) Pan No. Aagcp2425D Assessee By : Ms. Nishitamandalaywala, Ar Revenue By : Mr. Nimesh Yadav, Cit Dr Date Of Hearing: 10.08.2022 Date Of Pronouncement: 09.11.2022

For Appellant: Ms. NishitaMandalaywala, ARFor Respondent: Mr. Nimesh Yadav, CIT DR
Section 132Section 133(6)Section 143(2)Section 143(3)Section 153CSection 56(2)(viib)Section 68

order sheet dated 3rd October, 2019 asking assessee to prove the identity and creditworthiness of the parties as well as the genuineness of the transactions and also to justify the share premium and applicability of provision of Section 56(2)(viib) of the Act. The learned Assessing Officer further noted ... same and submitted that cash credit in case of one assessee cannot be considered is having the proper creditworthiness as well the genuineness of the transaction on identical basis in case of another assessee because for each cash credit identity, creditworthiness and genuineness of the transactions is required

ITO 28 )(2)(3), Navi Mumbai vs. M/S N G Group, Navi Mumbai

In the result, the appeal of the learned Assessing Officer is dismissed and the appeal of the assessee is partly allowed

ITA 6748/MUM/2019[2011-12]Status: DisposedITAT Mumbai01 Nov 2022AY 2011-12

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am M/S Ng Group Ito, 28(2)(3) Plot No.8, Sector 11, Opp R. No. 310, 3 Rd Floor, Juinagar Rly Station, Vashi Rly Station Complex, Vs. Vashi Navi Mumbai Sanpada, Mumbai-400 703 Navi Mumbai–400 709 (Respondent) (Appellant) Pan No. Aaffn9159E M/S Ng Group Ito, 28(2)(3) Plot No.8, Sector 11, Opp R. No. 310, 3 Rd Floor, Juinagar Rly Station, Vashi Rly Station Complex, Vs. Sanpada, Vashi Navi Mumbai Mumbai-400 703 Navi Mumbai–400 709 (Respondent) (Appellant) Pan No. Aaffn9159E Assessee By : Ms. Nishita Mandalaywala, Ar Revenue By : Dr. Mahesh Akhade, Cit Dr Date Of Hearing: 04.08.2022 Date Of Pronouncement: 01.11.2022

For Appellant: Ms. Nishita Mandalaywala, ARFor Respondent: Dr. Mahesh Akhade, CIT DR
Section 36(1)(ii)Section 41(1)Section 68

nos.6748 & 6589/Mum/2019 N.G. Group; A.Y. 11–12 appreciating the fact that assessee failed to prove the identity & creditworthiness of the lender and genuineness of the transaction"? (5) Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting ... where according to the learned Assessing Officer assessee failed to prove the identity and creditworthiness of the parties as well as the genuineness of the transactions. Thus, the learned Assessing Officer held that the loan of ₹1,20,00,000/- from Mr. Amit Jadhavji, HUF, ₹ 1 crore from Blue View

M/S Nickunj Eximp Enterprises P. Ltd., Mumbai vs. Asstt. CIT, CC-2(4), Mumbai

ITA 15/MUM/2021[2012-13]Status: DisposedITAT Mumbai31 Oct 2022AY 2012-13

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 15/Mum/2021 (ननधधारणवर्ा / Assessment Year: 2012-13) Acit Cen. Cir,- 2(4), M/S Nikunj Eximp R. No. 802, Pratistha Enterprises Pvt. Ltd. बनाम/ 4Th Floor, Sri Joravar Bhavan, Bhavan, Old Cgo Vs. 93, M. K. Road, Marine Lines, Annexe, M. K. Marg, Mumbai-400 020 Mumbai-400 020 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aabcn0991K (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Vijay Mehta, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Dr. Mahesh Akhade, Ld. Dr सुनवधईकीतधरीख/ : 13.09.2022 Date Of Hearing घोर्णधकीतधरीख / : 31.10.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Assessee Against The Impugned Order Dated 28.10.2020, Passed Ld. Cit(A)-58, Mumbai For The Quantum Of Assessment Passed U/S 143(3) R.W.S. 153A For Ay 2012-13. The Assessee Has Raised The Following Grounds:-

For Appellant: Shri Vijay Mehta, Ld. ARFor Respondent: Dr. Mahesh Akhade, Ld. DR
Section 132Section 132(4)Section 143(1)Section 143(3)Section 153ASection 3(1)Section 68

been completed in the case of lender company wherein giving of loan has been accepted and there is no doubt about identity of genuineness of the transaction; Secondly; from the perusal of the bank statement, it is quite evident that the source of funds for 18 I.T.A. No. 15/Mum/2021