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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

Jt. CIT (OSD), CC -6 (3), Mumbai vs. Advent Developer Pvt. Ltd., Mumbai

The appeal of the revenue is dismissed

ITA 3066/MUM/2018[2010-11]Status: DisposedITAT Mumbai16 Mar 2022AY 2010-11

Bench: Shri Amarjit Singh, Am & Ms. Kavitha Rajagopal, Jm (Virtual Court Hearing) आयकरअपीलसं./ I.T.A. No. 3066/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2010-11) M/S Advent Developers Jt. Cit (Osd), Cc-6(3) R. No. 1926, 19Th Floor, Pvt. Ltd. Cts-12A/28A, 12A/29 Tp Air India Bldg, Nariman बिधम/ 33, Advent Atria, Point, Mumbai-400 021 Vs. Chincholi Bunder Road, Malad(W), Mumbai-400 064 स्थायीलेखासं./जीआइआरसं./ Pan No. Aafca3158H (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri Vishwas Mehendale, Ld. Ar By प्रत्यथीकीओरसे/Respondent : Ms. Shailja Rai, Ld. Dr By सुनवाईकीतारीख/ : 02.02.2022 Date Of Hearing घोषणाकीतारीख / : 16.03.2022 Date Of Pronouncement आदेश / O R D E R Per Kavitha Rajagopal: This Appeal Filed By The Revenue Challenges The Impugned Order Dated 23.02.2018 Passed By Ld. Commissioner Of Income Tax (Appeals) – 54, Mumbai In Short Referred As „Ld. Cit(A)‟ In 2

For Appellant: Shri Vishwas MehendaleFor Respondent: Ms. Shailja Rai, Ld. DR by
Section 143(3)Section 153ASection 68

Account alongwith audit report and all the annexures of lenders for the year under consideration, thereby establishing the identity, creditworthiness and genuineness of the transaction. The Ld. AR relied on a plethora of judgments to substantiate his claim. 7. We have given our careful consideration to the rival contentions ... inquiry and investigations reveal that the identity of the creditors to be dubious or doubtful, or lack credit-worthiness, then the genuineness of the transaction would not be established. In such a case, the assessee would not have discharged the primary onus contemplated by section