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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

Rahul Arunkumar Pandit, Pune vs. DCIT, Circle 3, Pune

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1926/PUN/2025[2017-18]Status: DisposedITAT Pune22 Sept 2025AY 2017-18

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1926/Pun/2025 िनधा"रण वष" / Assessment Year : 2017-18 Rahul Arunkumar Pandit, Vs. Dcit, Circle-3, Pune. Flat No.-5, Gopadma No.39, Plot No.18, Prabhat Road, Lane No.9, Pune- 411004. Pan : Abypp1142R Appellant Respondent Assessee By : None Revenue By : Shri Manishkumar Sinha Date Of Hearing : 18.09.2025 Date Of Pronouncement : 22.09.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.06.2025 Passed By Ld. Addl./Jcit(A)-1, Kolkata [‘Ld. Cit(A)’] For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1] The Ld. Jcit(A) Has Erred In Confirming The Assessed Income Of The Appellant At Rs. 55,36,400/-. The Additions Made Without Considering The Fact Of The Case Are Illegal & Unsustainable In Law & The Same May Please Be Deleted. 2] The Ld. Jcit(A) Has Erred In Dismissing The Case Ex-Parte Without Waiting For Appellant To Furnish The Submission & Evidences. The Ld. Jcit(A) Ought To Have Appreciated That The Appellant Could Not Respond To The Notices, As He Has Changed His

For Appellant: NoneFor Respondent: Shri Manishkumar Sinha
Section 143(3)Section 57

being the deduction claimed u/s. 57 of the Act, only on the basis of presumptions and surmises without considering the genuineness of the transactions and the confirmation statement furnished during the course of assessment proceedings. 5] The appellant craves leave to add, alter, amend or delete any of the above

ACIT, CC - 3(4), Kolkata vs. Rameswara Infrstructures Ltd, Kolkata

In the result, the captioned appeals filed by the revenue and cross- objections filed by the assessee are dismissed

ITA 2694/KOL/2024[2021-22]Status: DisposedITAT Kolkata22 Sept 2025AY 2021-22

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2693 & 2694/Kol/2024 Assessment Years: 2020-21 & 2021-22 Acit, Central Circle-3(4), Kolkata.….……………….……….……….……Appellant Vs. Rameswara Infrastructures Ltd ………………………….....……...…..…..Respondent 19A, Sarat Bose Road Lr Sarani Kolkata-20. [Pan: Aaecr0505J] C.O. 20 & 21/Kol/2025 (In Ita Nos.2693 & 2694/Kol/2024) Assessment Years: 2020-21 & 2021-22 Rameswara Infrastructures Ltd.….……….. ……….……….……….……Cross-Objector 19A, Sarat Bose Road Lr Sarani Kolkata-20. [Pan: Aaecr0505J] Vs. Acit, Central Circle-3(4), Kolkata...………………………...…..…………….Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee. Shri Raja Sengupta, Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : September 17, 2025 Date Of Pronouncing The Order : September 22, 2025 Order Per Pradip Kumar Choubey:

Section 115BSection 139Section 139(1)Section 143(1)Section 143(2)Section 153CSection 250Section 68

deleting the addition of bogus unsecured loan to the tune of Rs.20,50,000/- made u/s 68 of the Act when the genuineness of the transactions could not be established. 2. Whether on the facts and circumstances of the case, the ld. CIT(A) has erred in deleting the calculation ... 115BBE imposed due to bogus unsecured loan to the tune of Rs.20,50,000/- made u/s 68 of the Act when the genuineness of the transactions could not be established. 3. Whether on the facts and circumstances of the case, the ld. CIT(A) has erred in observing that interest

ACIT, CC - 3(4), Kolkata vs. Rameswara Infrastructures Ltd, Kolkata

In the result, the captioned appeals filed by the revenue and cross- objections filed by the assessee are dismissed

ITA 2693/KOL/2024[2020-21]Status: DisposedITAT Kolkata22 Sept 2025AY 2020-21

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2693 & 2694/Kol/2024 Assessment Years: 2020-21 & 2021-22 Acit, Central Circle-3(4), Kolkata.….……………….……….……….……Appellant Vs. Rameswara Infrastructures Ltd ………………………….....……...…..…..Respondent 19A, Sarat Bose Road Lr Sarani Kolkata-20. [Pan: Aaecr0505J] C.O. 20 & 21/Kol/2025 (In Ita Nos.2693 & 2694/Kol/2024) Assessment Years: 2020-21 & 2021-22 Rameswara Infrastructures Ltd.….……….. ……….……….……….……Cross-Objector 19A, Sarat Bose Road Lr Sarani Kolkata-20. [Pan: Aaecr0505J] Vs. Acit, Central Circle-3(4), Kolkata...………………………...…..…………….Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee. Shri Raja Sengupta, Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : September 17, 2025 Date Of Pronouncing The Order : September 22, 2025 Order Per Pradip Kumar Choubey:

Section 115BSection 139Section 139(1)Section 143(1)Section 143(2)Section 153CSection 250Section 68

deleting the addition of bogus unsecured loan to the tune of Rs.20,50,000/- made u/s 68 of the Act when the genuineness of the transactions could not be established. 2. Whether on the facts and circumstances of the case, the ld. CIT(A) has erred in deleting the calculation ... 115BBE imposed due to bogus unsecured loan to the tune of Rs.20,50,000/- made u/s 68 of the Act when the genuineness of the transactions could not be established. 3. Whether on the facts and circumstances of the case, the ld. CIT(A) has erred in observing that interest

M/S. Hhp Hospital Pvt. Ltd., Kolkata vs. DCIT, Circle 11(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 280/KOL/2025[2012-13]Status: DisposedITAT Kolkata19 Sept 2025AY 2012-13

Bench: Shri Manjunatha G & Shri Sonjoy Sarmam/S Hhp Hospital Private Ltd, Vs Dcit, Circle-11(1), Kolkata 2406, Garia Main Road, Kolkata-700084 Pan No. Aabch 2642 B (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By : Shri Sunil Surana, Ar रधजस्व की ओर से /Revenue By : Shri Kapil Mandal, Addl.Cit-Sr. Dr सुनवाई की तारीख / Date Of Hearing : 18/09/2025 घोषणा की तारीख/Date Of Pronouncement : 19/09/2025 आदेश / O R D E R Per Manjunatha G, Am: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 04.01.2024 Pertaining To Assessment Year 2012-2013. 2. At The Outset, We Note That The Appeal Of The Assessee Is Barred By Limitation By 313 Days, For Which Condonation Petition Is Filed. At The Time Of Hearing The Counsel Of The Assessee Explained The Reason For Delay In Filing The Appeal. The Ld. A.R Did Not Raise Any Objection In Condoning The Delay.

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Kapil Mandal, Addl.CIT-Sr. DR
Section 131Section 68

company and the shareholders companies, non- genuine. Therefore, the Assessing Officer observed that the assessee failed to prove the identity of the creditors, genuineness of the transactions and creditworthiness of the parties, thus, rejected the submissions of the assessee and made additions of Rs.1,92,00,000/- u/s.68 ... shareholders company is not a ground for disbelieving various documents furnished by the 3 ITANo.280/Kol/2025 assessee to prove the identity of the creditors, genuineness of the transactions and creditworthiness of the parties. The ld.CIT(A) after considering the relevant submissions of the assessee and also taking note of various facts