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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

Vsn and Jeevan Infra Developers, Peruru Panchayat, Tirupathi vs. DCIT, Central Circle, Tirupathi

In the result, the appeal of the assessee is allowed

ITA 707/HYD/2017[2009-10]Status: DisposedITAT Hyderabad19 Nov 2025AY 2009-10

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.707/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2009-10) Vsn & Jeevan Infra Vs. Dy.Cit Developers, Peruru Central Circle Panchayat, Tirupati Tirupati Pan:Aaifv3414B (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate H Srinivasulu राज" व "ारा/Revenue By:: Dr. Sachin Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 04/11/2025 घोषणा की तारीख/Pronouncement: 19/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Vsn & Jeevan Infra Developers (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-3, Visakhapatnam (“Ld. Cit(A)”) Dated 21.02.2017 For The A.Y 2009- 10. Page 1 Of 12

For Appellant: Advocate H SrinivasuluFor Respondent: : Dr. Sachin Kumar, Sr. DR
Section 132Section 142(1)Section 153Section 153CSection 68

submitted by the Ld. AO. The remand report clearly records that the identity as well as the creditworthiness of the creditor and the genuineness of the transaction is established. The Ld. AR further submitted that despite this favourable finding in the remand report, the Ld. CIT(A), due to absence

Income Tax Officer, Kolkata vs. Sumeru Retailers Private Limited, Kolkata

In the result, the appeal filed by the revenue is dismissed and cross-objection of the assessee is also dismissed as not pressed

ITA 1291/KOL/2024[2009-10]Status: DisposedITAT Kolkata19 Nov 2025AY 2009-10

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2009-10 Ito, Kolkata………………………...….……………….……….……….……Appellant Vs. Sumeru Retailers Pvt. Ltd………………………………….....……...…..…..Respondent P-27, Princer Street, Dharmotolla, Kolkata-72. [Pan: Aamcs2504C] C.O. 15/Kol/2024 (In Ita No.1291/Kol/2024) Assessment Year: 2009-10 Sumeru Retailers Pvt. Ltd.….……………. ….……….…….……….……Cross-Objector P-27, Princer Street, Dharmotolla, Kolkata-72. [Pan: Aamcs2504C] Vs. Ito, Kolkata…………….....…………………………..…...…..…………….Respondent Appearances By: Shri Miraj D Shah, Ar, Appeared On Behalf Of The Assessee. Shri Anup Biswas, Addl. Cit- Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : October 27, 2025 Date Of Pronouncing The Order : November 19, 2025 Order Per Pradip Kumar Choubey:

Section 142(1)Section 143(3)Section 147Section 250Section 263Section 68

notice u/s 133(6) of the Act. It is pertinent to mention here that the money was received through banking channels and the genuineness of the transaction has been substantiated by the assessee by submitting relevant documents such as share application form, share allotment letter, certificate of incorporation and also ... initial burden to prove the identity and 5 ITA No.1291/Kol/2024 &C.O. 15/Kol/2024 Sumeru Retailers Pvt. Ltd creditworthiness of the share subscribers and genuineness of the transaction, now the burden shifted upon the Assessing Officer to examine the evidences furnished and even if he can make independent inquiries and thereafter