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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

Income Tax Officer, Mumbai vs. Akshay Automobiles Pvt Ltd, Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 4309/MUM/2025[2012-13]Status: DisposedITAT Mumbai19 Sept 2025AY 2012-13

Bench: Shri Vikram Singh Yadav & Shri Anikesh Banerjeeassessment Year : 2012-13 Income Tax Officer, Akshay Automobiles 129, Aayakar Bhavan, Private Limited, Mumbai-400020. Vs. 1, 2 William Compound, 33 Marve Road, Mith Chowke, Malad (East), Mumbai-400064. Pan : Aafca3582P (Appellant) (Respondent) For Assessee : None For Revenue : Shri Surendra Mohan, Sr.Dr Date Of Hearing : 18-09-2025 Date Of Pronouncement : 19-09-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 18-04-2025, Pertaining To Assessment Year (Ay) 2012-13, Wherein The Revenue Has Taken The Following Grounds Of Appeal:

For Appellant: NONEFor Respondent: Shri Surendra Mohan, Sr.DR
Section 143(2)Section 144Section 251(1)(a)Section 68

nature 4 of the credits is concerned, it must be a genuine business transaction. For the source, the identity, creditworthiness, and genuineness of the transaction are required to be ascertained. 5.4 In the case of the appellant, it is noted that the AO has added ... sake of clarity, the reconciliation table is pasted hereunder: 6 5.8 identity of the creditor, the creditworthiness of the creditor, and the genuineness of the transaction. However, once the assessee has discharged this initial burden, the onus shifts to the Revenue to prove that the cash credits are not genuine

DCIT CC 7(3), Mumbai vs. Smt. Sakhiben Patel, Mumbai

In the result, appeal of the Revenue stands dismissed

ITA 1596/MUM/2019[2013-14]Status: DisposedITAT Mumbai19 Sept 2025AY 2013-14

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar & Deputy Commissioner Of V/S. Smt. Sakhiben Patel, Income Tax, Central Circle बनाम 601, 6Th Floor, Petit Towers, –7(3), Room No. 655, 6Th August Kranti Marg, Kemps Floor, Aaykar Bhawan, M.K. Corner, Mumbai – 400 036, Road, Mumbai - 400 020, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aalpp1508R Appellant/अपीलाथी .. Respondent/प्रतिवादी प्रत्याक्षेपसं/C.O. No.71/Mum/2020 (Arising Out Of Ita No. 1595/Mum/2019) (A.Y. 2012-13) Smt. Sakhiben Patel, V/S. Deputy Commissioner Of 601, 6Th Floor, Petit Towers, बनाम Income Tax, Central Circle –7(3), Room No. 655, 6Th August Kranti Marg, Kemps Floor, Aaykar Bhawan, M.K. Corner, Mumbai – 400 036, Road, Mumbai - 400 020, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aalpp1508R Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Rushabh Mehta, ARFor Respondent: Shri Ritesh Misra, (CIT-DR)
Section 131(1)Section 132Section 143(3)Section 153ASection 68

further contented that the assessee has duly discharged the onus in respect of above loan proving identity, creditworthiness of the lender and the genuineness of the transaction. It is claimed that the lender is regularly assessed under the Income tax for last several years and is an ‘Active company

DCIT CC 7(3), Mumbai vs. Smt. Sakhiben Patel, Mumbai

In the result, appeal of the Revenue stands dismissed

ITA 1595/MUM/2019[2012-13]Status: DisposedITAT Mumbai19 Sept 2025AY 2012-13

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar & Deputy Commissioner Of V/S. Smt. Sakhiben Patel, Income Tax, Central Circle बनाम 601, 6Th Floor, Petit Towers, –7(3), Room No. 655, 6Th August Kranti Marg, Kemps Floor, Aaykar Bhawan, M.K. Corner, Mumbai – 400 036, Road, Mumbai - 400 020, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aalpp1508R Appellant/अपीलाथी .. Respondent/प्रतिवादी प्रत्याक्षेपसं/C.O. No.71/Mum/2020 (Arising Out Of Ita No. 1595/Mum/2019) (A.Y. 2012-13) Smt. Sakhiben Patel, V/S. Deputy Commissioner Of 601, 6Th Floor, Petit Towers, बनाम Income Tax, Central Circle –7(3), Room No. 655, 6Th August Kranti Marg, Kemps Floor, Aaykar Bhawan, M.K. Corner, Mumbai – 400 036, Road, Mumbai - 400 020, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aalpp1508R Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Rushabh Mehta, ARFor Respondent: Shri Ritesh Misra, (CIT-DR)
Section 131(1)Section 132Section 143(3)Section 153ASection 68

further contented that the assessee has duly discharged the onus in respect of above loan proving identity, creditworthiness of the lender and the genuineness of the transaction. It is claimed that the lender is regularly assessed under the Income tax for last several years and is an ‘Active company

Ashok Hirpara, Deputy Commiossioner of Incometax, Jamnagar vs. Sanjay Gulabrai Kundalia, Jamnagar

In the result, appeal filed by the revenue is dismissed and cross objection filed by the assessee is also dismissed

ITA 66/RJT/2025[2016-17]Status: DisposedITAT Rajkot18 Sept 2025AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं /.Ita No.66/Rjt/2025 & C.O. No. 10/Rjt/2025 "नधा"रणवष"/ Assessment Year: 2016-17 Deputy Commissioner Of Income Sanjay Gulabrai Kundalia बनाम Tax, Jamnagar Khambhaliya Circle-1, Vs. Highway, Sikkarpatiya, Jamnagar Sikka, Jamnagar Pan: Acypk3888Q Sanjay Gulabrai Kundalia Jamnagar Khambhaliya Vs. Deputy Commissioner Of Income Tax, Highway, Sikkarpatiya, Circle-1, Jamnagar Sikka, Jamnagar Pan: Acypk3888Q (अपीलाथ"/Appellant/Respondent) : (""यथ"/Respondent/Cross Objector) "नधा"रती क" ओर से/Assessee By : Shri K.D. Sheth, Ld.Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 30/06/2025 घोषणा क" तार"ख /Date Of Pronouncement : 18/09/2025 Order Per: Dr. Arjun Lal Saini: Captioned Appeal Filed By The Revenue & Cross Objection Filed By The Assessee, Pertaining To Assessment Year (Ay) 2016-17, Are Directed Against The Common Orders Passed By The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi [In Short ‘Ld. Cit(A)/Nfac’], Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 10.12.2024, Which In Turn Arises Out Of An Dcit Vs.Sanjay Gulabrai Kundalia

For Appellant: Shri K.D. Sheth, ld.ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr-DR
Section 133(6)Section 143(3)Section 250

office in Jamnagar. None of the sub-contractors filed any bank statements and hence assessing officer could not examine the genuineness of the transaction. Another observation of the assessing officer was that substantial payments were made by the assessee to the sub-contractors in cash. The sub- contractors also ... office in Jamnagar. None of the sub-contractors filed any bank statements and hence assessing officer could not examine the genuineness of the transaction. Another observation of the assessing officer is that substantial payments were made by the assessee to the sub-contractors in cash. The sub-contractors also

Deputy Commissioner of Income Tax, Central Circle-4(3), Kolkata vs. Raja Shelters Private Limited, Kolkata

ITA 1176/KOL/2025[2014-15]Status: DisposedITAT Kolkata18 Sept 2025AY 2014-15

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1174 & 1176/Kol/2025 Assessment Years: 2011-12 & 2014-15 Dcit, Central Circle-4(3), Kolkata.……………………….……….……….……Appellant Vs. Raja Shelters Pvt. Ltd…………………….…………………….....……...…..…..Respondent 25A, S. P. Mukherjee Road, Kol- 700025. [Pan: Aadcr5073Q] Appearances By: Shri Sanat Kr. Raha, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 11, 2025 Date Of Pronouncing The Order : September 18, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Revenue For The Assessment Years 2011-12 & 2014-15 Against Separate Orders Dated 27.02.2025 & 28.02.2025 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order.

Section 127Section 132Section 133ASection 139Section 142(1)Section 143(2)Section 153ASection 250Section 271(1)(c)Section 68

documents to substantiate the transaction and discharged its onus to prove the identity and creditworthiness of the subscribers as well as the genuineness of the transaction and it is important to mention here that the Assessing Officer would not detect any defect or discrepancy in the listed documents

Deputy Commissioner of Income Tax, Central Circle-4(3), Kolkata vs. Raja Shelters Private Limited, Kolkata

ITA 1174/KOL/2025[2011-12]Status: DisposedITAT Kolkata18 Sept 2025AY 2011-12

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1174 & 1176/Kol/2025 Assessment Years: 2011-12 & 2014-15 Dcit, Central Circle-4(3), Kolkata.……………………….……….……….……Appellant Vs. Raja Shelters Pvt. Ltd…………………….…………………….....……...…..…..Respondent 25A, S. P. Mukherjee Road, Kol- 700025. [Pan: Aadcr5073Q] Appearances By: Shri Sanat Kr. Raha, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 11, 2025 Date Of Pronouncing The Order : September 18, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Revenue For The Assessment Years 2011-12 & 2014-15 Against Separate Orders Dated 27.02.2025 & 28.02.2025 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order.

Section 127Section 132Section 133ASection 139Section 142(1)Section 143(2)Section 153ASection 250Section 271(1)(c)Section 68

documents to substantiate the transaction and discharged its onus to prove the identity and creditworthiness of the subscribers as well as the genuineness of the transaction and it is important to mention here that the Assessing Officer would not detect any defect or discrepancy in the listed documents