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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, Delhi vs. Sephan Lubricants Private Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 7255/DEL/2025[2020-21]Status: DisposedITAT Delhi16 Dec 2025AY 2020-21

Bench: Shri Vikas Awasthyआअसं.7255/धिल्ली/2025 (नि.व. 2020-21) Deputy Commissioner Of Income Tax, ...... अपीलार्थी/Appellant 348, Ara Centre, E2, Jhandewalan, New Delhi 110055 बिाम Vs. Sephan Lubricants P. Ltd., M-10, Sec-5, Bawana Industrial Area, New Delhi ...... प्रनिवादी/Respondent Pan: Aaocs-1829-E अपीलार्थी द्वारा/Appellant By : Shri Manoj Kumar, Sr. Dr प्रधििािीद्वारा/Respondent By : Shri Ankit Kumar, Advocate सुिवाई की निथर्थ/ Date Of Hearing : 16/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 16/12/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-29, Delhi [In Short ‘The Cit(A)’] Dated 18.07.2025, For The Assessment Year 2020-21. 2. The Appeal Is Time Barred By 12 Days. The Revenue Has Filed An Application Citing Reasons Causing Delay In Filing Of Appeal. After Perusal Of The Same, I Am Satisfied That Delay In Filing Of Appeal Is Not Intentional, The Delay Has Been Caused For The Reasons Stated In Petition Which Appears To Be Bonafide. Thus, Delay Of 12 Days In Filing Of Appeal Is Condoned & Appeal Is Admitted For Decision On Merits.

For Appellant: Shri Manoj Kumar, Sr. DRFor Respondent: Shri Ankit Kumar, Advocate
Section 132Section 147Section 68Section 69C

factual findings recorded by the CIT(A). It was contended that the assessee had duly proved the identity, creditworthiness of the lender and genuineness of the transaction and that no evidence was brought on record by the Assessing Officer to show that the money had flown back to the assessee ... with any cogent material. It is a well settled 4 law that once the assessee establishes the identity of the creditor, creditworthiness and genuineness of the transaction, the burden shifts upon the Revenue to prove otherwise. In the present case, except for relying upon investigation reports and statements recorded

Deputy Commssioner of Income Tax, Central Circle, 4(3), Kolkata vs. Privi Exports Private Limited, Kolkata

In the result, the appeal filed by the revenue is dismissed and cross-objection of the assessee is allowed for statistical purposes

ITA 1605/KOL/2025[2018-19]Status: DisposedITAT Kolkata12 Dec 2025AY 2018-19

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2018-19 Dcit, Central Circle-4(3), Kolkata…..……………….……….……….……Appellant Vs. Privi Exports Pvt. Ltd….………………………………….....……...…..…..Respondent Office No.2, Gf, 91A/1, Park Street, Kol-16. [Pan: Aaicp6253B] C.O. No.67/Kol/2025 (In Ita No.1605/Kol/2025) Assessment Year: 2018-19 Privi Exports Pvt. Ltd.….……………………. ….……….……….……Cross-Objector Office No.2, Gf, 91A/1, Park Street, Kol-16. [Pan: Aaicp6253B] Vs. Dcit, Central Circle-4(3), Kolkata...…………………....…..…………….Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee. Shri S B Chakraborthy, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : December 02, 2025 Date Of Pronouncing The Order : December 12, 2025 Order Per Pradip Kumar Choubey:

Section 131Section 133ASection 139Section 142(1)Section 143(2)Section 143(3)Section 250Section 68Section 69C

Exports Pvt. Ltd vii. Copy of ledger Account 7.1 The ld. AR’s submission is that all the corroborative evidences to substantiate the genuineness of the transaction has been furnished by the appellant during the course of assessment proceedings and the Assessing Officer has also not doubted the veracity ... include source of such creditor for the purpose of section 68 of the Act. The burden of the assessee to prove the genuineness of the transactions as well as the creditworthiness of the creditor must remain confined to the transactions, which have taken place between the assessee and the creditor

Surender Singh Sangwan, Delhi vs. ITO Ward-4, Sonipat

In the result, appeal of the assessee is partly allowed

ITA 1639/DEL/2025[2016-17]Status: DisposedITAT Delhi12 Dec 2025AY 2016-17

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2016-17] Surender Singh Sangwan Vs Ito C/O-Kapil Goel, Advocate Ward-4, Aayakar F-26/124, Sector-7 Bhawan, Sonepat, Rohini, Delhi-110085 Haryana Pan-Bqsps5616M Appellant Respondent Appellant By Dr. Kapil Goel Respondent By Shri Manish Gupta, Sr. Dr Date Of Hearing 18.09.2025 Date Of Pronouncement 12.12.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 06.12.2024 Passed By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Cit(A), Rohtak/10489/2018-19 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 27.12.2018 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2016-17. 2. Brief Facts Of The Case Are That Assessee E-Filed His Return Of Income, Declaring Total Income At Inr 7,00,190/-. The Case Was Selected For Scrutiny Through Cass & Notice U/S 143(2) Was Issued To The Assessee On 07.07.2017 & Duly Served Upon The Assessee. Thereafter, Notices U/S 142(1) Of The Act Alongwith Questionnaire Were Issued On 25.04.2018. In Response Assessee Has Filed Reply Which Were Considered By The Ao & The Assessment Order Was Passed U/S 143(3) Of The Act Dated 27.12.2018 Wherein The Total Income Stood Assessed At Inr 1,12,94,400/- By Making Addition U/S 68 Of The Act Towards Unsecured Loans Of Inr 1,05,00,000/- Received During The Year Under Appeal. Besides Disallowance Of Rs. 94,210/- Out Of Various Expenses Claimed Is Also Made.

Section 131Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 250Section 68

source to the satisfaction of the AO which includes (i) identity of the creditor; (ii) capacity of creditor to advance money; and (iii) genuineness of the transaction. Ld. Sr DR submits that in the present case, assessee has established the identity as well as genuineness of the transaction, however ... transactions as executed between the Assessee and its creditors. It is no part of the Assessee's burden to prove either the genuineness of the transactions executed between the creditors and the sub-creditors nor is it the burden of the Assessee to prove the creditworthiness of the sub-creditors

Vivek Kamalkar Kadam, Virar West vs. Income Tax Officer, Thane

In the result, the appeal of the assessee is allowed

ITA 6162/MUM/2025[ 2016-2017]Status: DisposedITAT Mumbai10 Dec 2025

Bench: Hon’Ble Justice (Retd.) C. V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2016-17 Vivek Kamalkar Kadam Income Tax Officer, Namasthetubunglow No. 2, Ashar It Park, 6Th Floor Road, Padmavati Nagar Phase 4, Near Vs. 16Z, Wagale Industrial Road, Mamta Super Market, Bolinj, Thane – 400604, Maharashtra. Virar West, Vasai – Virar, Maharashtra – 401305. [Pan: Adqpk2053E] (Appellant) (Respondent) For Assessee : Shri Jitendra Singh For Revenue : Shri Brajendra Kumar, Sr.Dr Date Of Hearing : 02-12-2025 Date Of Pronouncement : 10-12-2025 Order Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Addl/Jcit(A)-6, Delhi, Dated 30-07-2025, Pertaining To Assessment Year (Ay) 2016-17, Wherein The Assessee Has Taken The Following Grounds Of Appeal: “1. On Facts & Circumstances Of The Case & In Law, The Learned Cit(A) Erred In Sustaining Addition Of 12,50,000/- U/S 69A Of The Act, Being Part Of Loan Repayment, Ignoring That The Appellant Had Discharged The Initial Burden By Providing Comprehensive Evidence Of The Source, Including Affidavit, Confirmation, Itr & Audited Accounts Of Shri Shaikh, Which Establish Identity, Genuineness & Creditworthiness Of The Transaction.

For Appellant: Shri Jitendra SinghFor Respondent: Shri Brajendra Kumar, Sr.DR
Section 133(6)Section 143(1)Section 143(3)Section 234BSection 271(1)(c)Section 69A

facts and circumstances of the case and in law, the learned CIT(A) failed to appreciate that once identity of the creditor, genuineness of the transaction, and capacity are demonstrated, no addition can be sustained in the hands of the appellant. 3. On facts and circumstances of the case ... availability of further evidence. He reiterated that the affidavit, confirmation, and financial documents of Shri Shaikh established the identity, creditworthiness, and genuineness of the transaction. He also referred to various judicial precedents in support of his contention. 6.6 Upon detailed consideration of the entire material on record, the remand report