← All Phrases

“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

Garima Construction, Ranchi vs. ITO, Ward-1(1), Ranchi

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

ITA 483/RAN/2024[22-23]Status: DisposedITAT Ranchi17 Nov 2025

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.483/Ran/2024 Assessment Year: 2022-23 Garima Construction………….……………............................……….……Appellant M/11 Bariatu Housing Colony Bariatu Ranchi, Jharkhand – 834009. [Pan: Aasfg5282A] Vs. Ito, Ward-1(1), Ranchi...…...…..….…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar, Ar, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 06, 2025 Date Of Pronouncing The Order : November 17, 2025 Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 18.07.24 Of The Nfac, Delhi For The Assessment Year 2022–23. 2. Brief Facts Of The Case Are That The Assessee Is Engaged In The Business Of Real Estate Development. For The Assessment Year Under Consideration, The Assessee Filed Its Return Of Income Declaring Total Income Of ₹1,87,050. The Case Was Selected For Scrutiny On The Basis Of Information Received Through The Criu Portal Pursuant To A Search Operation Conducted On One Shri Naresh Kejriwal, Who Was Identified As A Hawala Entry Operator. Based On Such Information, It Was Alleged That The Assessee Had Received Accommodation Entries Amounting To ₹20,50,000 & ₹1,95,61,000/- During The Relevant Year. During The Assessment Proceedings, The Assessee Submitted Details & Supporting Documents To Substantiate The Genuineness Of The Transactions. However, The Assessing Officer Was Not Satisfied With The Explanation

Section 144

during the relevant year. During the assessment proceedings, the assessee submitted details and supporting documents to substantiate the genuineness of the transactions. However, the Assessing Officer was not satisfied with the explanation I.T.A. No.483/Ran/2024 Garima Construction furnished and, due to non-compliance on certain dates, completed the assessment ex parte ... details and that the non- appearance was unintentional due to lack of communication. Considering that the issue involves factual verification relating to the genuineness of the transactions allegedly received from Shri Naresh Kejriwal, and in the interest of natural justice, we deem it fit to restore the matter

Jankey Polymers, Barotiwala vs. Income Tax Officer, Baddi

ITA 239/CHANDI/2025[2012-13]Status: DisposedITAT Chandigarh17 Nov 2025AY 2012-13

Bench: Shri Laliet Kumarआयकर अपील सं./ Ita No. 239/Chd/2025 "नधा"रण वष" / Assessment Year : 2012-13 Jankey Polymers, The Ito, Khatoni No.210/213, बना Baddi Khasra No. 482, म Village Tirpa Vs. Hadbest No. 195 Barotiwala, Himachal Pradesh 174103 "थायी लेखा सं./Pan No: Ptlji1625F अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Sh Ravinder Sharma, Ca राज"व क" ओर से/ Revenue By : Smt. Priyanka Dhar, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 11-11-2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 17-11-2025 आदेश/Order This Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), Nfac, Dated 17.03.2022, For The Assessment Year 2012-13. 2. The Grounds Of Appeal Raised By The Assessee Are As Under: -

For Appellant: Sh Ravinder Sharma, CAFor Respondent: Smt. Priyanka Dhar, Sr. DR
Section 143(2)Section 68Section 80I

three conditions, viz. (1) the identity of the creditor, (2) the "capacity" /Source of such creditor to advance the amount, and (3) the genuineness of the transaction. All the three conditions have been satisfied in case of the above lenders. Identity of the Creditors have been established ... Capacity of the creditor has been established as he has prepared the financial statements and given the ITR along with Computation of Income. Genuineness of the transaction has been proved as the transaction is through proper bank channel. 2. Any other ground or grounds as may be urged