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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

ACIT 25 (2), Mumbai vs. Smt. Anjana Laxmidas Vora, Mumbai

The appeal of the AO is dismissed

ITA 7944/MUM/2019[2016-17]Status: DisposedITAT Mumbai17 Oct 2022AY 2016-17

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm The Assistant Commissioner Of Income Tax – 25 (2) Room Number 220, Second Srimati Anjana Laxmidas Floor, Vora Kautilya Bhavan 1202 – C, Elita, N Dutta Vs. Marg, Behind D N Nagar Bandra Kurla Complex Police Station, Mumbai – 53 Bandra (E) Mumbai – 51 (Appellant) (Respondent) Pan No. Aaipv0293L Co 70/Mumbai/2021 (Assessment Years 2016 – 17) The Assistant Commissioner Of Income Srimati Anjana Laxmidas Tax – 25 (2) Vora Room Number 220, Second 1202 – C, Elita, N Dutta Floor, Vs. Marg, Behind D N Nagar Kautilya Bhavan Police Station, Mumbai – 53 Bandra Kurla Complex Bandra (E) Mumbai – 51 (Appellant) (Respondent)

For Appellant: Shri Rajan Vora, CAFor Respondent: Shri Sunil Jha CIT DR
Section 143Section 68

source of funds of trust without appreciating that the Assessee has submitted volume and is documents the identity, creditworthiness of the trust and genuineness of the transaction and the Assessee is not liable to prove the source of source of funds i.e., the source of funds received by the trust ... statements along with certificates issued by the remit as well as Indian bank for each in remittance. As far as the creditworthiness and genuineness of the transactions are concerned, the transaction in the impugned year as the receipt of corpus remittance on termination proceeds from the Nankasai Trust. Various documentary

Income Tax Officer 33(1)(4), Mumbai vs. Dheeraj Babulal Shah, Mumbai

In the result, the appeals filed by the revenue are dismissed

ITA 4272/MUM/2018[2014-15]Status: DisposedITAT Mumbai14 Oct 2022AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. Nos. 4272/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2014-15) & आयकर अपील सं/ I.T.A. Nos. 4092/Mum/2019 (निर्धारण वर्ा / Assessment Years: 2015-16) बिधम/ Ito-33(1)(4) Dheeraj Babulal Shah Room No. 708, 7Th Floor, 23/A-12, Akash Chsl, Vs. Bldg. No. C-12, Jalawal Nagar, Ashok Nagar, Pratyakshakar Bhavan, Kandivali (E), Mumbai- Bandra Kurla Complex, 400101. Bandra (E), Mumbai- 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Arwps1458D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Smt. Mahita Nair (Sr. Ar) Assessee By: Shri Rajkumar Singh सुनवाई की तारीख / Date Of Hearing: 19/07/2022 घोषणा की तारीख /Date Of Pronouncement: 14/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Preferred By The Revenue Against The Orders Of The Ld. Cit(A)-45, Mumbai, Dated 29.03.2018 For A.Y.2014-15 & Dated 12.03.2019 For Ay. 2015-16 Respectively.

For Appellant: Shri Rajkumar SinghFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 10(38)Section 131Section 133ASection 68

this aspect i.e., how did the assessee came in contact with these lenders, was a decisive factor to ascertain the genuineness of the transactions in the shares of M/s Essar (India) Ltd. It is not in dispute that these loans were received through banking channel which carried commercial interest rates ... base for treating the LTCG claimed by the appellant as bogus. 6.6 Therefore, no adverse inference can be drawn with respect to the genuineness of the transaction entered by the appellant in the normal course, merely because one Giriraj Kishore Agarwal was involved in arranging accommodation entries for LTCG

Barefoot Resorts & Leisures India P Ltd., Chennai vs. DCIT Corporate Circle 1(2), Chennai

ITA 2006/CHNY/2018[2012-13]Status: DisposedITAT Chennai12 Oct 2022AY 2012-13

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.Nos.2002 To 2006/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 To 2012-13) M/S. Barefoot Resorts & Leisures India Vs The Deputy Commissioner Of Pvt.Ltd. Income Tax, 77/43, 2Nd Floor, Chamiers Road, Corporate Circle-1(2), Chennai-600 028. Chennai-34. Pan: Aaffb 5380B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/ Appellant By : Mr. S.Sridhar, Advocate ""यथ"क"ओरसे/Respondent By : Mr. P.Sajit Kumar, Jcit सुनवाईक"तार"ख/Date Of Hearing : 04.08.2022 घोषणाक"तार"ख /Date Of Pronouncement : 12.10.2022 आदेश / O R D E R Per G. Manjunatha, Am: This Bunch Of Five Appeals Filed By The Assessee Are Directed Against Common Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1, Chennai Dated 01.06.2018 & Pertain To Assessment Years 2008-09 To 2012- 13. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Off, By This Consolidated Order.

For Appellant: Mr. S.Sridhar, AdvocateFor Respondent: Mr. P.Sajit Kumar, JCIT
Section 147Section 68

sufficient to comply with requirement of section 68 of the Income Tax Act, 1961, but what is required to be proved is genuine nature of transactions between the assessee and shareholder. In this case, although money has come from proper banking channel, but on perusal of various details filed ... section 68 of the Act , the assessee must fulfill following criteria:- a) Identity of the party claimed as investor by assessee company, b) Genuineness of the transaction & c) Creditworthiness of the party/person claimed as investor. 7. In this case, the FIPB has rejected application filed by the assessee for regularization

Barefoot Resorts & Leisures India P Ltd., Chennai vs. DCIT Corporate Circle 1(2), Chennai

ITA 2005/CHNY/2018[2011-12]Status: DisposedITAT Chennai12 Oct 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.Nos.2002 To 2006/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 To 2012-13) M/S. Barefoot Resorts & Leisures India Vs The Deputy Commissioner Of Pvt.Ltd. Income Tax, 77/43, 2Nd Floor, Chamiers Road, Corporate Circle-1(2), Chennai-600 028. Chennai-34. Pan: Aaffb 5380B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/ Appellant By : Mr. S.Sridhar, Advocate ""यथ"क"ओरसे/Respondent By : Mr. P.Sajit Kumar, Jcit सुनवाईक"तार"ख/Date Of Hearing : 04.08.2022 घोषणाक"तार"ख /Date Of Pronouncement : 12.10.2022 आदेश / O R D E R Per G. Manjunatha, Am: This Bunch Of Five Appeals Filed By The Assessee Are Directed Against Common Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1, Chennai Dated 01.06.2018 & Pertain To Assessment Years 2008-09 To 2012- 13. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Off, By This Consolidated Order.

For Appellant: Mr. S.Sridhar, AdvocateFor Respondent: Mr. P.Sajit Kumar, JCIT
Section 147Section 68

sufficient to comply with requirement of section 68 of the Income Tax Act, 1961, but what is required to be proved is genuine nature of transactions between the assessee and shareholder. In this case, although money has come from proper banking channel, but on perusal of various details filed ... section 68 of the Act , the assessee must fulfill following criteria:- a) Identity of the party claimed as investor by assessee company, b) Genuineness of the transaction & c) Creditworthiness of the party/person claimed as investor. 7. In this case, the FIPB has rejected application filed by the assessee for regularization

Barefoot Resorts & Leisures India P Ltd., Chennai vs. DCIT Corporate Circle 1(2), Chennai

ITA 2004/CHNY/2018[2010-11]Status: DisposedITAT Chennai12 Oct 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.Nos.2002 To 2006/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 To 2012-13) M/S. Barefoot Resorts & Leisures India Vs The Deputy Commissioner Of Pvt.Ltd. Income Tax, 77/43, 2Nd Floor, Chamiers Road, Corporate Circle-1(2), Chennai-600 028. Chennai-34. Pan: Aaffb 5380B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/ Appellant By : Mr. S.Sridhar, Advocate ""यथ"क"ओरसे/Respondent By : Mr. P.Sajit Kumar, Jcit सुनवाईक"तार"ख/Date Of Hearing : 04.08.2022 घोषणाक"तार"ख /Date Of Pronouncement : 12.10.2022 आदेश / O R D E R Per G. Manjunatha, Am: This Bunch Of Five Appeals Filed By The Assessee Are Directed Against Common Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1, Chennai Dated 01.06.2018 & Pertain To Assessment Years 2008-09 To 2012- 13. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Off, By This Consolidated Order.

For Appellant: Mr. S.Sridhar, AdvocateFor Respondent: Mr. P.Sajit Kumar, JCIT
Section 147Section 68

sufficient to comply with requirement of section 68 of the Income Tax Act, 1961, but what is required to be proved is genuine nature of transactions between the assessee and shareholder. In this case, although money has come from proper banking channel, but on perusal of various details filed ... section 68 of the Act , the assessee must fulfill following criteria:- a) Identity of the party claimed as investor by assessee company, b) Genuineness of the transaction & c) Creditworthiness of the party/person claimed as investor. 7. In this case, the FIPB has rejected application filed by the assessee for regularization

Barefoot Resorts & Leisures India P Ltd., Chennai vs. DCIT Corporate Circle 1(2), Chennai

ITA 2003/CHNY/2018[2009-10]Status: DisposedITAT Chennai12 Oct 2022AY 2009-10

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.Nos.2002 To 2006/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 To 2012-13) M/S. Barefoot Resorts & Leisures India Vs The Deputy Commissioner Of Pvt.Ltd. Income Tax, 77/43, 2Nd Floor, Chamiers Road, Corporate Circle-1(2), Chennai-600 028. Chennai-34. Pan: Aaffb 5380B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/ Appellant By : Mr. S.Sridhar, Advocate ""यथ"क"ओरसे/Respondent By : Mr. P.Sajit Kumar, Jcit सुनवाईक"तार"ख/Date Of Hearing : 04.08.2022 घोषणाक"तार"ख /Date Of Pronouncement : 12.10.2022 आदेश / O R D E R Per G. Manjunatha, Am: This Bunch Of Five Appeals Filed By The Assessee Are Directed Against Common Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1, Chennai Dated 01.06.2018 & Pertain To Assessment Years 2008-09 To 2012- 13. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Off, By This Consolidated Order.

For Appellant: Mr. S.Sridhar, AdvocateFor Respondent: Mr. P.Sajit Kumar, JCIT
Section 147Section 68

sufficient to comply with requirement of section 68 of the Income Tax Act, 1961, but what is required to be proved is genuine nature of transactions between the assessee and shareholder. In this case, although money has come from proper banking channel, but on perusal of various details filed ... section 68 of the Act , the assessee must fulfill following criteria:- a) Identity of the party claimed as investor by assessee company, b) Genuineness of the transaction & c) Creditworthiness of the party/person claimed as investor. 7. In this case, the FIPB has rejected application filed by the assessee for regularization

Barefoot Resorts & Leisures India P Ltd., Chennai vs. DCIT Corporate Circle 1(2), Chennai

ITA 2002/CHNY/2018[2008-09]Status: DisposedITAT Chennai12 Oct 2022AY 2008-09

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.Nos.2002 To 2006/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 To 2012-13) M/S. Barefoot Resorts & Leisures India Vs The Deputy Commissioner Of Pvt.Ltd. Income Tax, 77/43, 2Nd Floor, Chamiers Road, Corporate Circle-1(2), Chennai-600 028. Chennai-34. Pan: Aaffb 5380B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/ Appellant By : Mr. S.Sridhar, Advocate ""यथ"क"ओरसे/Respondent By : Mr. P.Sajit Kumar, Jcit सुनवाईक"तार"ख/Date Of Hearing : 04.08.2022 घोषणाक"तार"ख /Date Of Pronouncement : 12.10.2022 आदेश / O R D E R Per G. Manjunatha, Am: This Bunch Of Five Appeals Filed By The Assessee Are Directed Against Common Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1, Chennai Dated 01.06.2018 & Pertain To Assessment Years 2008-09 To 2012- 13. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Off, By This Consolidated Order.

For Appellant: Mr. S.Sridhar, AdvocateFor Respondent: Mr. P.Sajit Kumar, JCIT
Section 147Section 68

sufficient to comply with requirement of section 68 of the Income Tax Act, 1961, but what is required to be proved is genuine nature of transactions between the assessee and shareholder. In this case, although money has come from proper banking channel, but on perusal of various details filed ... section 68 of the Act , the assessee must fulfill following criteria:- a) Identity of the party claimed as investor by assessee company, b) Genuineness of the transaction & c) Creditworthiness of the party/person claimed as investor. 7. In this case, the FIPB has rejected application filed by the assessee for regularization

Nayara Energy Limited (on Behalf of Merged Entity Vadinar Oil Terminal Limited), Mumbai vs. Asstt. Commissioner of Income -Tax Central Circle 2(1), Mumbai

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

ITA 777/MUM/2022[2016-17]Status: DisposedITAT Mumbai10 Oct 2022AY 2016-17

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.777/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2016-17) Nayara Energy Ltd (On Acit, Central Circle-2(1) बिधम/ Behalf Of Merged Entity Room No. 804, Pratishtha Vs. Vadinar Oil Terminal Ltd) Bhavan, Old Cgo 5Th Floor, Jet Airways Annexe, M. K. Road, Godrej Bkc, G- Block, Plot Mumbai-400020. C-68, Bkc, Bandra (E), Mumbai-400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabcv2626D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nitesh Joshi Revenue By: Dr. Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 25/08/2022 घोषणा की तारीख /Date Of Pronouncement: 10/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-48, Mumbai Dated 24.02.2022 For Assessment Year 2016-17. 2. The Grounds Of Appeal Preferred By Assessee Are As Under: - “Disallowance Of Interest Under Section 36(1) (Iii) Of The Income-Tax Act The Act - Rs.149.80 Crores 1. The Learned Assessing Officer (Ao) & Learned Cit(A) Erred In Disallowing Interest Of Rs.149.80 Crores Pertaining To Loans Of Rs.1253.53 Crores Granted To Related Parties Contending Them To Be Interest Free Without Appreciating The Fact, That Out Of The Total Amount, Only Security Deposits Of Rs.96.53 Crores Are Interest Free Refundable

For Appellant: Shri Nitesh JoshiFor Respondent: Dr. Mahesh Akhade (DR)
Section 14ASection 36(1)Section 37

assessee has not submitted any details in respect of loan availed and loan issued and thus failed to establish the genuineness of the transactions. No new evidence is placed before the undersigned except making various contentions. The onus of proving that the borrowed ITA Ns. 777/Mum/2022 A.Ys. 2016-17 Nayara