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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

DCIT -15(2)(1), Mumbai vs. M/S Indian Institute of Excellence & Consultancy Private Limited, Mumbai

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

ITA 2691/MUM/2019[2014-15]Status: DisposedITAT Mumbai01 Feb 2022AY 2014-15

Bench: Shri Prashant Maharish & Shri Pavan Kumar Gadaledcit, Cc-15(2)(1) Vs. M/S Indian Institute Of Room No. 357, 3Rd Floor Excellence & Aayakar Bhavan, M.K Consultancy Pvt Ltd Road, Mumbai – 400 4Th Floor, Gaurav 020 Plaza, Rrt Road, Mulund (W)-Mumbai- 400 080. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabci1667D Appellant .. Respondent Appellant By : Mr.V. Tripathi.Dr Respondent By : Mr.Virag Shah.Ar Date Of Hearing 12.01.2022 Date Of Pronouncement 02.02.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of Cit(A)-24, Mumbai & Passed U/S 143(3) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Mr.V. Tripathi.DRFor Respondent: Mr.Virag Shah.AR
Section 143(1)Section 143(2)Section 143(3)Section 68

Income Tax Act, holding that the appellant has proved M/s Indian Institute of Excellence and Consultancy Pvt ltd, Mumbai. the genuineness of the transactions in the form of confirmations, PAN, return of income, bank statement etc, thereby ignoring the recent decision of the Hon'ble Supreme Court of India ... obtained a loan from Deepak Joshi, HUF of Rs. 3,82,90,000/-. The A.O to test check the identify, creditworthiness and genuineness of the transactions has issued a show cause notice and called for bank statement, auditor’s report, financial statements. The assessee has filed the information

ITO Ward - 3(1), Kalyan vs. Bharat Valabhbhai Valiya, Dombivli

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

ITA 593/MUM/2021[2010-11]Status: DisposedITAT Mumbai31 Jan 2022AY 2010-11

Bench: Om Prakash Kant, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 593/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) बिधम/ Ito, Ward – 3(1) Bharat Valabhbhai Valiya 2Nd Floor, Rani Mansion, Prop. Of M/S. Industrial Vs. Murbad Road, Kalyan Switchgear, B-10, Gurudatta (West)-421301. Tower, Pandurangwadi, Manpada Road, Dombivli (E), 421201. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Agbpv1605R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Ms. Bhoomika Patel सुनवाई की तारीख / Date Of Hearing: 02/12/2021 घोषणा की तारीख /Date Of Pronouncement: 31/01/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 26.02.2020 Passed By The Commissioner Of Income Tax (Appeals) -01, Thane [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010- 11. 2. The Revenue Has Raised The Following Grounds: - “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A)-1, Thane Erred In Deleting The Addition Of Rs. 6,56,771/- Out Of The Total Addition Of Rs. 7,50,595/- Made On Account Of Bogus Purchases, Despite Holding That The Purchases Were Not A.Y.2010-11 Genuine & The Assessee Failed To Prove Genuineness Of The Transactions.

For Appellant: NoneFor Respondent: Ms. Bhoomika Patel
Section 133(6)Section 143(2)Section 69C

made on account of bogus purchases, despite holding that the purchases were not A.Y.2010-11 genuine and the assessee failed to prove genuineness of the transactions. 2. On the facts and in the circumstances of the case and in law, Ld. CIT(A)-1, Thane erred in deleting the above addition

Sri Rajib Chowdhury, Ben vs. Commissioner of Income Tax (Appeal)-7, Bengaluru

In the result, the appeal filed by assessee stands allowed for statistical purposes

ITA 85/BANG/2018[2011-12]Status: DisposedITAT Bangalore31 Jan 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2011-12 Shri Rajib Chowdhury, Prop. M/S. Bright Petroleum, The Income Tax Officer, No. 340, 10Th B Main, Ward 8 (3), 1St Cross, 4Th Block, Bangalore. Basaveswaranagar, Vs. Bangalore – 560079. Pan: Ablpc6333L Appellant Respondent Assessee By : Shri B. Srinivasa, Ca Revenue By : Shri Sankarganesh K, Jcit (Dr) Date Of Hearing : 23-12-2021 Date Of Pronouncement : 31-01-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Order Dated 11.10.2017 Passed By Ld.Cit(A)-7, Bangalore For Assessment Year 2011-12 On Following Grounds Of Appeal: “1. That On The Facts Of The Case, The Learned Income Tax Officer Is Not Right In Disallowing The Interest Paid On Loan. 2. That On The Facts & Circumstances Of Case, The Learned Commissioner Appeal'S Should Have Observed That The Assessing Officer Has Not Recorded Satisfaction With Regard To Genuineness Of The Transactions Entered By The Appellant & Not Provided An Opportunity. 3. That The Learned Commissioner Appeal'S Has Not Verified That Bank Statement Disbursement Of Loan Amount. 4. That The Learned Commissioner Appeal'S Has Erred Both On The Facts & In Law. 5. That The Learned Commissioner Of Appeal Should Have Examined The Utilization Of Loan Amount After Loan

For Appellant: Shri B. Srinivasa, CAFor Respondent: Shri Sankarganesh K, JCIT (DR)

circumstances of case, the Learned Commissioner Appeal's should have observed that the Assessing officer has not recorded satisfaction with regard to genuineness of the transactions entered by the appellant and not provided an opportunity. 3. That the Learned Commissioner Appeal's has not verified that bank statement disbursement