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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

I.T.O. - 3(2)(4), Mumbai vs. Parth Tradelinks Pvt. Ltd., Mumbai

In the result, both appeals by the Revenue are dismissed

ITA 6434/MUM/2017[2013-14]Status: DisposedITAT Mumbai27 Jan 2022AY 2013-14

Bench: Shri Vikas Awasthy & Shri Om Prakash Kantआअसं. 6433/मुं/2017 ("न. व. 2008-09 ) आअसं. 6434/मुं/2017 ("न. व. 2013-14 ) The Income Tax Officer 3(2)(4), Room No.673, 6Th Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Parth Tradelinks Pvt. Ltd., 112-B, 11Th Floor, Mittal Court, Nariman Point, Mumbai 400 021. Pan: Aadcp-5678-D ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri R.A.Dhyani ""तवाद" "वारा/Respondent By : Shri. A.K.Tibrewal सुनवाई क" "त"थ/ Date Of Hearing : 18/01/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 27/01/2022 आदेश/ Order

For Appellant: Shri R.A.DhyaniFor Respondent: Shri. A.K.Tibrewal
Section 143(3)Section 68

channel, copy of bank account statement of creditors, PAN of creditors, copy of ITRs to substantiate creditworthiness and identity of the creditors and genuineness of the transactions. However, the Assessing Officer has failed to examine these documents and has merely placed reliance on the information received from ... Assessing Officer has placed huge reliance on the investigation conducted by CBI ACB without examining creditworthiness and identity of the lenders and the genuineness of the transactions. For making addition under section 68 of the Act three conditions that are required to be examined are identity and creditworthiness

I.T.O. - 3(2)(4), Mumbai vs. Parth Tradelinks Pvt. Ltd., Mumbai

In the result, both appeals by the Revenue are dismissed

ITA 6433/MUM/2017[2008-09]Status: DisposedITAT Mumbai27 Jan 2022AY 2008-09

Bench: Shri Vikas Awasthy & Shri Om Prakash Kantआअसं. 6433/मुं/2017 ("न. व. 2008-09 ) आअसं. 6434/मुं/2017 ("न. व. 2013-14 ) The Income Tax Officer 3(2)(4), Room No.673, 6Th Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Parth Tradelinks Pvt. Ltd., 112-B, 11Th Floor, Mittal Court, Nariman Point, Mumbai 400 021. Pan: Aadcp-5678-D ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri R.A.Dhyani ""तवाद" "वारा/Respondent By : Shri. A.K.Tibrewal सुनवाई क" "त"थ/ Date Of Hearing : 18/01/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 27/01/2022 आदेश/ Order

For Appellant: Shri R.A.DhyaniFor Respondent: Shri. A.K.Tibrewal
Section 143(3)Section 68

channel, copy of bank account statement of creditors, PAN of creditors, copy of ITRs to substantiate creditworthiness and identity of the creditors and genuineness of the transactions. However, the Assessing Officer has failed to examine these documents and has merely placed reliance on the information received from ... Assessing Officer has placed huge reliance on the investigation conducted by CBI ACB without examining creditworthiness and identity of the lenders and the genuineness of the transactions. For making addition under section 68 of the Act three conditions that are required to be examined are identity and creditworthiness

ACIT, CC- 3, New Delhi vs. Jotindra Steel & Tubes Ltd., Faridabad

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

ITA 4401/DEL/2017[2013-14]Status: DisposedITAT Delhi18 Jan 2022AY 2013-14

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2013-14 Acit, Vs Jotindra Steel & Tubes Ltd., Central Circle-3, 14/3, Mathura Road, New Delhi. Village- Mewla Maharajpur, Faridabad. Pan: Aaacj1872C (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate & Shri Aditya Chhajed, Advocate Revenue By : Shri Surender Pal, Cit, Dr Date Of Hearing : 17.11.2021 Date Of Pronouncement : 18.01.2022 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 27Th April, 2017 Of The Cit(A)-23, New Delhi, Relating To Assessment Year 2013-14. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Manufacturing & Trading Of Steel/Tubes & Pipes & Erection Fabrication Work & Furnace Unit. It Filed Its Return Of Income 12.09.2015 Declaring The Total Income At Rs.1,52,26,930/-. A Search & Seizure Proceedings U/S 132 Of The It Act Was Conducted In The Case Of M/S Mauria Udyog Ltd. & Its Group Concerns Including The Assessee & Residential/Factory Premises Of The Partners, Directors & Proprietors Of The Group On 7Th August, 2013. In Response To The Notice U/S 153A Of The Act, The Assessee Filed The Return Of Income On 12Th September, 2015 Declaring An Income Of Rs.1,52,26,930/- Which Is The Same Income As Per The Original Return Of Income Filed.

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri Surender Pal, CIT, DR
Section 132Section 132(4)Section 153ASection 68

Deepa Subramaniam. He, therefore, asked the assessee to submit its reply to prove the identity and credit worthiness of the share applicants and genuineness of the transactions. In absence of any proper explanation to his satisfaction, the AO, relying on various decisions, made addition of Rs.13 ... parties at the given address is not verifiable. According to the AO, the assessee has created a paper trail to prove the 10 genuineness of the transaction and a close examination of the documents show that the companies through whom money is being routed are only dormant companies with

Varad Vinayak Realty Pvt. Ltd, Mumbai vs. ITO Ward 1 (3)-2, Mumbai

In the result, the appeal of the revenue is dismissed and cross objection and cross appeal of the assessee are allowed

ITA 612/MUM/2019[2009-10]Status: DisposedITAT Mumbai12 Jan 2022AY 2009-10

Bench: Shri Laliet Kumar& Shri S. Rifaur Rahmanito, 11-3(2), Room No. 428, Aayakar Bhavan, M.K. Road, Mumbai-400020 ............ Appellant Vs. M/S Varad Vinayak Realty P. Ltd., 105, Vastushilp, Rajmata Jijabai Road, Pump House, Andheri (E), Mumbai-400093 Pan: Aabcv7419A ............ Respondent C.O. No. 50/Mum/2019 In Ita No.5279/Mum/2017 (A.Y.2009-10) M/S Varad Vinayak Realty P. Ltd., 105, Vastushilp, Rajmata Jijabai Road, Pump House, Andheri (E), Mumbai-400093 Pan: Aabcv7419A ............ Appellant Vs. Ito, 11-3(2), Room No. 428, Aayakar Bhavan, M.K. Road, Mumbai-400020 ............ Respondent

For Appellant: Sh. S.N. Kabra, Sr. DRFor Respondent: Sh. Pawan Chakrapani, AR
Section 68

which was given back through bank account. The movement of the money through bank account is not sufficient to establish creditworthiness or even genuineness of the transaction.” 4. “Whether on the facts and in the circumstances of the case and in law, the learned CIT(A) erred in appreciating ... case the assessee had discharge its onus by bringing on record the cogent evidence proving the identity, creditworthiness and genuineness of the transaction. Even these 17 entities have directly provided requisite 21 ITA No. 5279 Mum 2017 with C.O. 50 Mum 2019 & ITA No. 612 Mum 2019 M/s Varad Vinayak

Income Tax Officer 11(3)(2), Mumbai vs. Varad Vinayak Realty Private Limited, Mumbai

In the result, the appeal of the revenue is dismissed and cross objection and cross appeal of the assessee are allowed

ITA 5279/MUM/2017[2009-10]Status: DisposedITAT Mumbai12 Jan 2022AY 2009-10

Bench: Shri Laliet Kumar& Shri S. Rifaur Rahmanito, 11-3(2), Room No. 428, Aayakar Bhavan, M.K. Road, Mumbai-400020 ............ Appellant Vs. M/S Varad Vinayak Realty P. Ltd., 105, Vastushilp, Rajmata Jijabai Road, Pump House, Andheri (E), Mumbai-400093 Pan: Aabcv7419A ............ Respondent C.O. No. 50/Mum/2019 In Ita No.5279/Mum/2017 (A.Y.2009-10) M/S Varad Vinayak Realty P. Ltd., 105, Vastushilp, Rajmata Jijabai Road, Pump House, Andheri (E), Mumbai-400093 Pan: Aabcv7419A ............ Appellant Vs. Ito, 11-3(2), Room No. 428, Aayakar Bhavan, M.K. Road, Mumbai-400020 ............ Respondent M/S Varad Vinayak Realty P. Ltd., 105, Vastushilp, Rajmata Jijabai Road, Pump House, Andheri (E)

For Appellant: Sh. S.N. Kabra, Sr. DRFor Respondent: Sh. Pawan Chakrapani, AR
Section 68

which was given back through bank account. The movement of the money through bank account is not sufficient to establish creditworthiness or even genuineness of the transaction.” 4. “Whether on the facts and in the circumstances of the case and in law, the learned CIT(A) erred in appreciating ... case the assessee had discharge its onus by bringing on record the cogent evidence proving the identity, creditworthiness and genuineness of the transaction. Even these 17 entities have directly provided requisite 21 ITA No. 5279 Mum 2017 with C.O. 50 Mum 2019 & ITA No. 612 Mum 2019 M/s Varad Vinayak