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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

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

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

ITA 6805/MUM/2018[2012-13]Status: DisposedITAT Mumbai25 Jul 2022AY 2012-13

Bench: Shri M Balaganesh, Accountat Member & Shri Pavan Kumar Gadaleita No. 6805 /Mum/2018 (A.Y: 2012-13 ) Ito- 25(3)(3) Vs. Rahul Kantilal Shah Room No. 606, 6Th Floor 701, Saroj Bldg, C-10, Pratyakshakar Sardar Vallabhbhai Bhavan, Bkc, Bandra (E) Patel Road, Mumbai -400051. Vile Parle (W) Mumbai-400056. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaips0543C Appellant .. Respondent Appellant By : Mr.T.Shankar.Dr Respondent By : Mr.Anuj Kishnadwala.Ar Date Of Hearing 09.05.2022 Date Of Pronouncement 26.07.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: This Appeal Is Filed The By The Revenue Against The Separate Orders Of The Commissioner Of Income Tax (Appeals)-77, Mumbai Passed U/S 143(3) & 250 Of The Act.

For Appellant: Mr.T.Shankar.DRFor Respondent: Mr.Anuj Kishnadwala.AR
Section 133(6)Section 143(3)Section 57

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, The A.O. has issued show cause notice referred at Para 5.5 of the AO order. 3.The ... second disputed issue, the A.O. found that the assessee has disclosed loan obtained from the M/s Timestar Ltd and to test the genuineness of the transaction has issued notice U/sec133(6) of the Act and the lender has denied about the loan transaction. Whereas, in response to notice the assessee

ITO 10 (2)(4), Mumbai vs. Memphis Investment & Trading Co. Ltd., Mumbai

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

ITA 6239/MUM/2019[2009-10]Status: DisposedITAT Mumbai22 Jul 2022AY 2009-10

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadaledcit – 10(2)(4), Vs. M/S Memphis 2Nd Floor, Room No. Investment & Trading 213, Aayakar Bhavan Co. Ltd Churchgate, 146, Chinar Bldg, Mumbai-400020. Sher-E-Punjab Society, Andheri (East), Mumbai-400093. Pan/Gir No. : Aaacm6735B Appellant .. Respondent Assessee By : Shri.Salil Aggarwal, Sr.Adv & Shri.Shailesh Gupta.Ar Revenue By : Shri.T. Shankar. Cit.Dr Date Of Hearing 28.04.2022 Date Of Pronouncement 22.07.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed An Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)-17, Mumbai Passed U/S 143(3) R.W.S 147 & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal: Memphis Investment & Trading Co. Ltd, Mumbai. 1. 1. "On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Has Erred In Deciding That The Assessee Had Discharged Its Onus Ignoring The Fact That The Assessee Had Failed To Establish The Genuineness & Creditworthiness Of The Transactions." 2. "On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Has Erred In Not Considering The Decision Of The Hon'Ble Delhi High Court In The Case Of Mis. Navodaya Castle Pvt. Ltd. Wherein The Hon'Ble High Court Has Made Observation With Respect To Creditworthiness 3. The Appellant Prays That The Order Of The Ld.Cit(A) On The Above Ground Be Set Aside & That Of The Ao Be Restored. 4. The Appellant Craves Leave To Amend Or Alter Any Grounds Or Add A New Ground Which May Be Necessary.

For Appellant: Shri.Salil Aggarwal, Sr.AdvFor Respondent: Shri.T. Shankar. CIT.DR
Section 143(1)Section 143(2)Section 143(3)Section 144Section 148Section 68

Finally the A.O. has invoked the Best judgment Assesseement under section 144 of the Act. The AO is of the opinion that the genuineness of the transaction is not proved and therefore held that the receipt of share premium of Rs 2.25 crores ... ingredients required u/s 68 of the Memphis Investment & Trading Co. Ltd, Mumbai. Act being identity, creditworthiness and genuineness of the transactions of the investor. The CIT(A) dealt on the facts and has observed that the claim of the assessee cannot be overlooked and the assessee has filed the various

ACIT Cir 1, Thane vs. Lanxess India P.Ltd, Thane

ITA 2788/MUM/2014[2009-10]Status: DisposedITAT Mumbai18 Jul 2022AY 2009-10

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2009-10 Lanxess India Private Limited, Asst. Commissioner Of Income-Tax, Lanxess House, Plot No. 162-164, Circle 1, Road No. 27, Wagle Estate, Opp. Iti Vs. 6Th Floor, Asher It Park, Road No. College, Midc, 16-Z, Wagle Industrial Estate, Thane-(West)-400604. Thane. Pan No. Aaccb 3880 A Appellant Respondent Assessment Year: 2009-10 Asst. Commissioner Of Income-Tax, Lanxess India Private Limited, Circle 1, Lanxess House, Plot No. 162-164, 6Th Floor, Asher It Park, Road No. 16- Vs. Road No. 27, Wagle Estate, Opp. Iti Z, Wagle Industrial Estate, College, Midc, Thane. Thane-(West)-400604 Pan No. Aaccb 3880 A Appellant Respondent

For Appellant: Mr. Pratik Shah/For Respondent: Mr. V.K. Agarwal, CIT-DR
Section 143(3)Section 144C(13)

assessee failed to prove the genuin disallowance, since the assessee failed to prove the genuin disallowance, since the assessee failed to prove the genuineness of the transactions in respect of negative difference of Rs. 66,90,600/ the transactions in respect of negative difference ... allowing relief to the assessee without any supporting evidence to prove without any supporting evidence to prove the genuineness of the the genuineness of the transaction disallowed by the AO. transaction disallowed by the AO. 3. Before us the assessee also preferred an additional ground us the assessee also preferred

Lanxess India P.Ltd, Thane vs. Asst CIT Cir 1, Thane

ITA 2628/MUM/2014[2009-10]Status: DisposedITAT Mumbai18 Jul 2022AY 2009-10

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2009-10 Lanxess India Private Limited, Asst. Commissioner Of Income-Tax, Lanxess House, Plot No. 162-164, Circle 1, Road No. 27, Wagle Estate, Opp. Iti Vs. 6Th Floor, Asher It Park, Road No. College, Midc, 16-Z, Wagle Industrial Estate, Thane-(West)-400604. Thane. Pan No. Aaccb 3880 A Appellant Respondent Assessment Year: 2009-10 Asst. Commissioner Of Income-Tax, Lanxess India Private Limited, Circle 1, Lanxess House, Plot No. 162-164, 6Th Floor, Asher It Park, Road No. 16- Vs. Road No. 27, Wagle Estate, Opp. Iti Z, Wagle Industrial Estate, College, Midc, Thane. Thane-(West)-400604 Pan No. Aaccb 3880 A Appellant Respondent

For Appellant: Mr. Pratik Shah/For Respondent: Mr. V.K. Agarwal, CIT-DR
Section 143(3)Section 144C(13)

assessee failed to prove the genuin disallowance, since the assessee failed to prove the genuin disallowance, since the assessee failed to prove the genuineness of the transactions in respect of negative difference of Rs. 66,90,600/ the transactions in respect of negative difference ... allowing relief to the assessee without any supporting evidence to prove without any supporting evidence to prove the genuineness of the the genuineness of the transaction disallowed by the AO. transaction disallowed by the AO. 3. Before us the assessee also preferred an additional ground us the assessee also preferred