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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

Prodigy Infomatics Private Limited, Mumbai vs. ITO, 15(2)(4), Mumbai

Accordingly, these grounds are dismissed

ITA 2124/MUM/2025[2012-13]Status: DisposedITAT Mumbai10 Mar 2026AY 2012-13

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Shri Jagadishprodigy Infomatics Private Vs. Ito, 15(2)(4), Mumbai Limited Director Ito, 15(2)(4), Mumbai Plot No. D- 388, Midc, Ttc Aayakar Bhavan Industrial Area, Kukshet Mumbai- 400020 Village, Navi Mumbai - 400705 Pan/Gir No. Aadcp3211A (Applicant) (Respondent) Assessee By None Revenue By Shri Virabhadra Mahajan, (Sr. Dr) Date Of Hearing 04.03.2026 Date Of Pronouncement 10.03.2026 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order 18.02.2025 Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The National Faceless Appeal Centre, Delhi (Nfac) For The Assessment Year 2012-13. The Following Grounds Are Reproduced Below: “1. On The Facts & In The Circumstances Of The Case & In Law, The Learned C.I.T. (A) Erred In Dismissing The Appeal.

Section 250Section 68

loan confirmations with regard to the above mentioned fresh loans taken during the year. No evidences to establish the creditworthiness, identity and genuineness of the transactions have been submitted. 5.3 For the sake of brevity section 68 of the I.T.Act, 1961 is reproduced as under. Section 68 Cash Credits ... been deducted by the appellant on interest paid to these parties to evidence further such information so as to prove identity and genuineness of the transaction. Once the appellant has submitted such details which already shows that all such lending parties are assessed to tax, the primary onus

Income Tax Officer-4(1), Raipur, Central Revenue Building vs. Mohammad Ibrahim, Prop Janta Sanitation

In the result, this appeal of Revenue is allowed for statistical purposes

ITA 698/RPR/2025[2022-23]Status: DisposedITAT Raipur05 Mar 2026AY 2022-23

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Avdhesh Kumar Mishra, Am आयकर अपील सं. / Ita No: 698/Rpr/2025 (िनधा"रण वष" Assessment Year: 2022-23) Income Tax Officer, Ward - 4(1), Vs Mohammand Ibrahim, Aayakar Bhawan, Civil Lines, Ring Road No. 1, Pachpedinaka Raipur- 492001, C.G. Raipur- 492001, C.G. Pan: Aigpm6755J (अपीलाथ"/Appellant) : (""थ" / Respondent) िनधा"रती की ओर से / Assessee By : None राज" की ओर से / Revenue By : Dr. Priyanka Patel, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 06/01/2026 घोषणा की तारीख / Date Of : 05/03/2026 Pronouncement आदेश / O R D E R Per Avdhesh Kumar Mishra, Am: The Appeal For Assessment Year (‘Ay’) 2022-23 Filed By The Revenue Is Directed Against The Order Dated 08.09.2025 Of The Commissioner Of Income Tax (Appeals) [Cit(A)], National Faceless Appeal Centre (“Nfac”), Delhi.

For Appellant: NoneFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 132Section 132(4)Section 148Section 69C

During the course of assessment proceedings, the Ld. AO provided many opportunities of being heard to the assessee to explain the genuineness of the transaction of Rs.1,01,47,216/-. However, no compliance was ensured by the assessee in this regard as evident from paragraphs

Mvr Projects Private Limited, Hyderabad vs. DCIT., Circle-16(2), Hyderabad

In the result, both the appeals of the assessee are dismissed in limine

ITA 1254/HYD/2025[2014-15]Status: HeardITAT Hyderabad04 Mar 2026AY 2014-15

Bench: The Tribunal. The Assessee Filed Petitions For Condonation Of Delay Along With Affidavits Explaining The Reasons Contending, Inter Alia, That The Appeal Could Not Be Filed Within The Period Of Limitation Due To Miscommunication & Misguidance With The Appointed Learned Counsel Regarding The Case Proceedings To The Assessee. Further, The Appellant, Relied Entirely On The Learned Counsel & The Company'S Internal Accounting Staff For Updates & Developments, Was Under The Bona Fide Impression That The Proceedings Were Being Diligently Pursued & Attended. In Addition To That, The Part Time Accountant, Mr. Pedditi Gopal Reddy Who Was Managing The Accounts Of The Appellant'S Company & Dealt With Appointed Counsel Unfortunately Fell Gravely Ill During The Covid-19 Pandemic Period & Passed Away Which Led To A Breakdown In The Flow Of Communication Between The Assessee & Their Legal Representative. The Assessee Only

For Appellant: Srinavya Adabala, AdvocateFor Respondent: Sri Siva Prasad SV, Sr. AR
Section 253(3)

addition of Rs.7,44,99,975/- on account of unexplained credits u/sec.68 of the Act as the assessee failed to prove the creditworthiness, genuineness of the transaction and identity of the creditors. During the course of appellate proceedings before the learned CIT(A), despite several notices being issued

Mvr Projects Private Limited, Hyderabad vs. ITO., Ward-16(4), Hyderabad

In the result, both the appeals of the assessee are dismissed in limine

ITA 1253/HYD/2025[2012-13]Status: HeardITAT Hyderabad04 Mar 2026AY 2012-13

Bench: The Tribunal. The Assessee Filed Petitions For Condonation Of Delay Along With Affidavits Explaining The Reasons Contending, Inter Alia, That The Appeal Could Not Be Filed Within The Period Of Limitation Due To Miscommunication & Misguidance With The Appointed Learned Counsel Regarding The Case Proceedings To The Assessee. Further, The Appellant, Relied Entirely On The Learned Counsel & The Company'S Internal Accounting Staff For Updates & Developments, Was Under The Bona Fide Impression That The Proceedings Were Being Diligently Pursued & Attended. In Addition To That, The Part Time Accountant, Mr. Pedditi Gopal Reddy Who Was Managing The Accounts Of The Appellant'S Company & Dealt With Appointed Counsel Unfortunately Fell Gravely Ill During The Covid-19 Pandemic Period & Passed Away Which Led To A Breakdown In The Flow Of Communication Between The Assessee & Their Legal Representative. The Assessee Only

For Appellant: Srinavya Adabala, AdvocateFor Respondent: Sri Siva Prasad SV, Sr. AR
Section 253(3)

addition of Rs.7,44,99,975/- on account of unexplained credits u/sec.68 of the Act as the assessee failed to prove the creditworthiness, genuineness of the transaction and identity of the creditors. During the course of appellate proceedings before the learned CIT(A), despite several notices being issued