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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, Circle- 19(1), Delhi vs. P & R Engineering Services Pvt. Ltd., Delhi

In the result, appeal of the revenue is dismissed

ITA 6058/DEL/2024[2010-11]Status: DisposedITAT Delhi14 Oct 2025AY 2010-11

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2010-11] Vs P& R Engineering Services Dcit, Circle-19(1), Pvt.Ltd., 89, Lok Nayak New Delhi Apartments, Sector-9, Rohini, Delhi-110085. Pan-Aaccp0484E Appellant Respondent Revenue By Shri Sanjeev Kumar Yadav, Cit Dr Assessee By Shri V. K.Agarwal, Ar Date Of Hearing 17.07.2025 Date Of Pronouncement 14.10.2025 Order Per Manish Agarwal, Am : This Appeal Is Filed By The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals), Delhi -31 [Cit(A), In Short] Dated 01.11.2024 In Appeal No. Cit(A), Delhi-7/10212/2017-18 Arising Out Of The Order Passed U/S 147 R.W.S. 143(3) Of The Income Tax Act, 1961 [The Act, In Short] For A.Y. 2010-11. 2. Brief Facts Of The Case Are That Assessee Is A Company & Filed Its Return Of Income On 27.09.2010, Declaring Loss Of Rs. 12,89,624/-. The Case Of The Assessee Was Reopened In Terms Of The Notice Issued U/S 148 Of The Act On 30.09.2017. In Response, The Assessee Has Declared The Same Income As Was Declared In The Return Filed U/S 139(1) Of The Act. Thereafter The Ao By Alleging That The Assessee Has Received Share Application Money Of Rs. 8,28,45,000/- From Three Companies Namely, M/S Mansarovar Holdings Ltd. Rs. 4,09,00,000/-, M/S Olipha Trading & Investment Pvt. Ltd. Of Rs. 3,27,10,000/- & From M/S Sopan Merchants Pvt. Ltd. Of Rs. 92,35,000/- Which Companies Are Paper Companies & Made The Addition U/S 68 Of The Act Of The Entire Amount Of Loan Received From These Three Companies.

Section 139(1)Section 147Section 148Section 68

address, PAN. PAN is enough to prove the identity, genuineness and creditworthiness of the contributing party. The Id. CIT (A) further held that genuineness of the transactions is also fully established by the fact that the transaction is duly confirmed by the investor, the amount is duly reflected