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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

Asia Coke Pvt. Ltd., Chennai vs. DCIT, Corporate Circle-1(1), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 1403/CHNY/2025[2018-19]Status: DisposedITAT Chennai17 Dec 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Ms. S. Padmavathyआयकर अपील सं./I.T.A. No.1403/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Asia Coke Private Limited, Vs. The Deputy Commissioner Of Bascon Futura Sv, 4Th Floor, Income Tax, Venkatanarayana Road, T. Nagar, Corporate Circle 1(1), Chennai 600 017. Chennai. [Pan: Aakca4655Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. S. Sanchita, Advocate ""थ" की ओर से/Respondent By : Ms. E Pavuna Sundari, Cit सुनवाई की तारीख/ Date Of Hearing : 11.12.2025 घोषणा की तारीख /Date Of Pronouncement : 17.12.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.01.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2018-19. 2. We Find That This Appeal Is Filed With A Delay Of 45 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, In 2

For Appellant: Ms. S. Sanchita, AdvocateFor Respondent: Ms. E Pavuna Sundari, CIT
Section 142(1)Section 147Section 148Section 148ASection 68Section 69C

amount of ₹.19,51,29,146/- should not be added to its total income under section 68 of the Act. Further, the genuineness of the transaction made in the form of foreign remittance of ₹.11,05,70,230/- remains unexplained and show- caused as to why the said amount should

Nikhil Vinod Raj Rathod Jain, Mumbai vs. Ward 23(2)(6), Mumbai

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

ITA 4709/MUM/2024[2012-13]Status: DisposedITAT Mumbai17 Dec 2025AY 2012-13

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2012-13 Nikhil Vinod Raj Rathod Jain, Income Tax Officer, 3Rd Floor, Ward-23(2)(6), Jitendra House, Vs. Piramal Chamber, 20/28, Marinelines, Mumbai. Mumbai-400002. Pan : Almpr4342P (Appellant) (Respondent) For Assessee : Shri Gourav Sharma (Virtually Present) For Revenue : Shri Rajesh Sakhardande, Sr.Dr Date Of Hearing : 03-12-2025 Date Of Pronouncement : 17-12-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 23-03-2024, Pertaining To Assessment Year (Ay) 2012-13. 2. At The Outset, It Is Noted That The Co-Ordinate Bench Of The Tribunal Has Passed An Order Dt. 23-12-2024, Dismissing The Appeal Of The Assessee On Account Of Non-Prosecution & The Said Order Was Subsequently

For Appellant: Shri Gourav SharmaFor Respondent: Shri Rajesh Sakhardande, Sr.DR
Section 143(2)Section 148Section 68

three requirements and has discharged the onus in terms of section 68 of the Act in terms of identity and creditworthiness and genuineness of the transaction. It was submitted that as far as the identity of the doner is concerned, the same has not been disputed ... submitted that no substantive evidence was presented to prove the father‟s capacity to give such a large cash gift or the genuineness of the transaction in terms of confirmation from father or documentation of the gift apart from a late-created gift deed which has been submitted

Gayathri Global Resources Private Limited, Jamshedpur vs. ITO Ward (1), Jamshedpur

In the result, both the appeals are allowed for statistical purposes

ITA 96/RAN/2025[2014-15]Status: DisposedITAT Ranchi16 Dec 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.456/Ran/2024 Assessment Year: 2013-14 Gayatri Global Pvt. Ltd …………….…….…............................……….……Appellant 153, Kamani Centre, Bistupur, Jharkhand-831001. [Pan: Aadcg3732B] Vs. Nfac, New Delhi…….....………...….…..….........……........……...…..…..Respondent I.T.A. No.96/Ran/2025 Assessment Year: 2014-15 Gayatri Global Pvt. Ltd …………….…….…............................……….……Appellant 153, Kamani Centre, Bistupur, Jharkhand-831001. [Pan: Aadcg3732B] Vs. Nfac, New Delhi…….....………...….…..….........……........……...…..…..Respondent Appearances By: Shri Manish Agarwal, Ca, Appeared On Behalf Of The Appellant. Shri Sumit Dasgupta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 11, 2025 Date Of Pronouncing The Order : December 16, 2025 Order Per Sonjoy Sarma: These Two Appeals Are Filed By The Assessee For The Assessment Years 2013–14 & 2014–15. Since The Issues Involved, The Assessment Proceedings & The Additions Made Are Common & On Identical Issues, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order. For The Sake Of Convenience, We First Take Up

Section 115BSection 144Section 147Section 148Section 68

persons from whom the share application money was received. However, the assessee failed to furnish complete details to establish the identity, creditworthiness, and genuineness of the transaction. In view of the same, the Assessing Officer held that the assessee failed to explain the credit appearing in its books of account

Gayatri Global Private Limited, Jamshedpur vs. National Faceless Assessment Centre, New Delhi

In the result, both the appeals are allowed for statistical purposes

ITA 456/RAN/2024[2013-14]Status: DisposedITAT Ranchi16 Dec 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.456/Ran/2024 Assessment Year: 2013-14 Gayatri Global Pvt. Ltd …………….…….…............................……….……Appellant 153, Kamani Centre, Bistupur, Jharkhand-831001. [Pan: Aadcg3732B] Vs. Nfac, New Delhi…….....………...….…..….........……........……...…..…..Respondent I.T.A. No.96/Ran/2025 Assessment Year: 2014-15 Gayatri Global Pvt. Ltd …………….…….…............................……….……Appellant 153, Kamani Centre, Bistupur, Jharkhand-831001. [Pan: Aadcg3732B] Vs. Nfac, New Delhi…….....………...….…..….........……........……...…..…..Respondent Appearances By: Shri Manish Agarwal, Ca, Appeared On Behalf Of The Appellant. Shri Sumit Dasgupta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 11, 2025 Date Of Pronouncing The Order : December 16, 2025 Order Per Sonjoy Sarma: These Two Appeals Are Filed By The Assessee For The Assessment Years 2013–14 & 2014–15. Since The Issues Involved, The Assessment Proceedings & The Additions Made Are Common & On Identical Issues, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order. For The Sake Of Convenience, We First Take Up

Section 115BSection 144Section 147Section 148Section 68

persons from whom the share application money was received. However, the assessee failed to furnish complete details to establish the identity, creditworthiness, and genuineness of the transaction. In view of the same, the Assessing Officer held that the assessee failed to explain the credit appearing in its books of account

Neelam Sanjay Mehta, Mumbai vs. NFAC, Delhi

In the result, the appeal filed by the assessee is allowed

ITA 5859/MUM/2024[2015-16]Status: DisposedITAT Mumbai16 Dec 2025AY 2015-16

Bench: Shri Narender Kumar Choudhry (Jm) A N D Shri Prabhash Shankar (Am) Smt. Neelam Sanjay Mehta Ito, Ward 19(2)(4), 2/78-80, Gora Gandhi Building, C.P. Mumbai/ Nfac, Delhi Tank Road Vs. Mumbai-400 004. Pan : Ayzpm8574E Appellant Respondent Assessee By : Shri Vimal Punmiya, Ld. Ca Revenue By : Shri Leyaqat Ali Aafaqui, Ld. Sr. Dr Date Of Hearing : 01/10/2025 Date Of Pronouncement : 17/12/2025 O R D E R Per Narender Kumar Choudhry (Jm) :- This Appeal Has Been Preferred By The Assessee Against The Order Dated 20.9.2024 Impugned Herein Passed By The Learned Commissioner Of Income Tax/Nfac, Delhi (In Short Ld. Commissioner) Under Section 250 Of The Income Tax Act, 1961 (In Short ‘Act’) For A.Y. 2015-16. 2. In The Instant Case, The Assessee Being An Individual Deriving Income From Salary, House Property, Capital Gain & Other Sources Had Declared Her Total Income At Rs. 4,63,750/- By Filing Her Return Of Income On Dated 1.9.2015 For The Assessment Year Under Consideration. Subsequently, Case Of The Assessee Was Reopened Under Section 147 Of The Act, With The Reason That The Assessee Is One Of The Beneficiaries, Who Has Made Sale Of Shares, Wherein Trading Quantity Is Higher Than ‘Buy Trades Quantity’ Of The Scrip M/S. Toyam Industries Ltd. To The Tune Of Rs. 1,99,12,777/- & Accordingly, Statutory Notices Were Issued To The Assessee. In Response To Which, The Assessee Filed Relevant Details & The Documents, Such As Purchase Documents, Sale Contract Note, Bank Statement Etc. Qua Purchase & Sale Of Shares Of Scrip Namely M/S. Toyam Industries Ltd. .

For Appellant: Shri Vimal Punmiya, Ld. CAFor Respondent: Shri Leyaqat Ali Aafaqui, Ld. Sr
Section 10(38)Section 147Section 155BSection 250Section 68

below has filed relevant evidences/documents such as contract note for purchase and sale, ledger account and the bank statement etc., to prove the genuineness of the transaction. However, without controverting the documents filed by the assessee, the authorities below doubted the transaction of sale, mainly on the reason that there

Income Tax Officer 23(2)(1), Mumbai, Lalbaug, Piramal Chambers Mumbai vs. Nine Dimensions Housing LLP, Bandra East, Mumbai

In the result, appeal filed by the Revenue-Department stands dismissed

ITA 3686/MUM/2023[2017]Status: DisposedITAT Mumbai16 Dec 2025

Bench: Shri Narender Kumar Choudhry (Jm) & Shri Prabhash Shankar (Am) Ito 23(2)(1) Nine Dimensions Housing Llp Room No. 512 103/1St Floor, Renuka Chsl Piramal Chambers Vs. Kalanagar, Near Gurunanak Ss Rao Road, Lalbaug Hospital, Bandra East Mumbai-400 012. Mumbai-400 051. Pan : Aamfn1691A Appellant Respondent Assessee By : Shri Satyaprakash Singh, Ld. Ca Revenue By : Shri Leyaqat Ali Aafaqui , Ld. Sr. Dr Date Of Hearing : 29/09/2025 Date Of : 16/12/2025 Pronouncement O R D E R Per Narender Kumar Choudhry (Jm) :-

For Appellant: Shri Satyaprakash Singh, Ld. CAFor Respondent: Shri Leyaqat Ali Aafaqui , Ld. SR. DR
Section 115BSection 133(6)Section 143(3)Section 250Section 263Section 37(1)Section 43(1)Section 68

comply with the said show-cause notice and therefore he presumed that the assessee has failed to discharge onus to prove genuineness of the transaction and case is getting time barred by limitation of time and the assessee could not prove the creditworthiness of the loan creditors, therefore he examined ... appeal, more or less has claimed that the assessee has not satisfactorily discharged onus to prove identity, creditworthiness of the loan creditors and genuineness of the transaction involving unsecured loan of Rs. 1 crore in total. Further though, the assessee provided documentary evidences, such as loan confirmations, bank statements