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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

Agroha Fincap Ltd., New Delhi vs. ITO, Ward- 1(4), New Delhi

Appeal is allowed

ITA 8305/DEL/2019[2011-12]Status: DisposedITAT Delhi19 Aug 2025AY 2011-12

Bench: Shri Vikas Awasthyआअसं.8305/िद"ी/2019 (िन.व. 2011-12) Agroha Fincap Ltd., C-51, Mahendru Enclave, G.T. Karnal Road, ...... अपीलाथ"/Appellant New Delhi 110033 Pan: Aaaca-8075-G बनाम Vs. Income Tax Officer, Ward-1(4), ..... "ितवादी/Respondent R.No. 398B, Cr Building, New Delhi 110002 अपीलाथ" "ारा/Appellant By : Shri Suraj Gupta, Advocate "ितवादी"ारा/Respondent By : Shri Manoj Kumar, Sr.Dr सुनवाई क" ितिथ/ Date Of Hearing : 22/05/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 19/08/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-I, New Delhi [In Short ‘The Cit(A)’] Dated 20.08.2019, For Assessment Year 2011-12. 2. Shri Suraj Gupta, Appearing On Behalf Of The Assessee At The Outset Submitted That He Is Not Pressing Legal Ground Raised In Ground No. 2 Of Appeal. Thus, The Primary Issue For Adjudication In Appeal By The Assessee Is Addition Of Rs.25,00,000/- U/S. 68 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) On Account Of Share Capital/Share Premium Received From M/S. Blue Bell Finance Ltd.

For Appellant: Shri Suraj Gupta, AdvocateFor Respondent: Shri Manoj Kumar, SR.DR
Section 148Section 68Section 69C

equity shares with face value of Rs.10/- and share premium of Rs.90/-. During assessment proceeding, the assessee in order to prove genuineness of the transactions and identity and creditworthiness of the subscriber to the share, vide letter dated 04.12.2018 furnished confirmation, bank statement, copy of ITR and audit financials ... without any addition. The ld. Counsel asserted that with the aforesaid documents, the assessee was able to discharge its onus qua genuineness of the transaction and creditworthiness of the investor company i.e. M/s. Blue Bell Finance Ltd. He further referred to the confirmation filed by the M/s. Blue Bell Finance

Deputy Commissioner of Income Tax, Amritsar vs. Smt. Jyoti Saroop Grover, Malout

Appeal stand dismissed

ITA 434/ASR/2024[2021]Status: DisposedITAT Amritsar18 Aug 2025

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm 1. आयकर अपील सं./ Ita No. 335/Asr/2024 (िनधा"रण वष" / Assessment Year: 2021-22) Ms. Jyoti Saroop Grover Dcit - Central Circle (Prop. Ms. Sant Metal Industries) Amritsar बनाम/ Vs. Sekhu Road, Ward No 7 Punjab-143001 Malout, Punjab – 152 107 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Ajrpg-8929-P (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकर अपील सं./ Ita No. 434/Asr/2024 (िनधा"रण वष" / Assessment Year: 2021-22) Dcit - Central Circle Ms. Jyoti Saroop Grover Amritsar (Prop. Ms. Sant Metal Industries) बनाम/ Vs. Punjab-143001 Sekhu Road, Ward No 7 Malout, Punjab – 152 107 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Ajrpg-8929-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Sh. Sudhir Sehgal (Advocate) –Ld.Ar ""थ"कीओरसे/Respondent By : Sh. Abhishek Pal Garg (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 17-07-2025 घोषणाकीतारीख /Date Of Pronouncement : 18-08-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Cross-Appeals For Assessment Year (Ay) 2021-22 Arises Out Of An Order Of Ld. Commissioner Of Income Tax (Appeals)-5, Ludhiana

For Appellant: Sh. Sudhir Sehgal (Advocate) –Ld.ARFor Respondent: Sh. Abhishek Pal Garg (CIT) – Ld. DR
Section 133(6)Section 143(3)Section 69C

thus very much clear that the assessee had explained each and every purchase transaction with all the suppliers and also proved the genuineness of the transactions with these suppliers. The purchases were duly supported by the bills, all the payments were through banking channels and there was no evidence that

Jyoti Saroop Grover Prop. Ms Sant Metal Industries Sekhu Road, Ward 7 Malout, Punjab vs. The AO NFAC Delhi Jurisdictional AO the ACIT Central Circle Amritsar, Punjab

Appeal stand dismissed

ITA 335/ASR/2024[2021-22]Status: DisposedITAT Amritsar18 Aug 2025AY 2021-22

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm 1. आयकर अपील सं./ Ita No. 335/Asr/2024 (िनधा"रण वष" / Assessment Year: 2021-22) Ms. Jyoti Saroop Grover Dcit - Central Circle (Prop. Ms. Sant Metal Industries) Amritsar बनाम/ Vs. Sekhu Road, Ward No 7 Punjab-143001 Malout, Punjab – 152 107 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Ajrpg-8929-P (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकर अपील सं./ Ita No. 434/Asr/2024 (िनधा"रण वष" / Assessment Year: 2021-22) Dcit - Central Circle Ms. Jyoti Saroop Grover Amritsar (Prop. Ms. Sant Metal Industries) बनाम/ Vs. Punjab-143001 Sekhu Road, Ward No 7 Malout, Punjab – 152 107 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Ajrpg-8929-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Sh. Sudhir Sehgal (Advocate) –Ld.Ar ""थ"कीओरसे/Respondent By : Sh. Abhishek Pal Garg (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 17-07-2025 घोषणाकीतारीख /Date Of Pronouncement : 18-08-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Cross-Appeals For Assessment Year (Ay) 2021-22 Arises Out Of An Order Of Ld. Commissioner Of Income Tax (Appeals)-5, Ludhiana

For Appellant: Sh. Sudhir Sehgal (Advocate) –Ld.ARFor Respondent: Sh. Abhishek Pal Garg (CIT) – Ld. DR
Section 133(6)Section 143(3)Section 69C

thus very much clear that the assessee had explained each and every purchase transaction with all the suppliers and also proved the genuineness of the transactions with these suppliers. The purchases were duly supported by the bills, all the payments were through banking channels and there was no evidence that

M/S Vardhman Polytex Ltd., Ludhiana vs. DCIT, C-1, Ludhiana

The appeal stand allowed

ITA 759/CHANDI/2019[2015-16]Status: DisposedITAT Chandigarh18 Aug 2025AY 2015-16

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./ Ita No.759/Chandi/2019 (िनधा"रण वष" / Assessment Year: 2015-16) M/S Vardhman Polytex Ltd Dcit Central Circle -1 Vardhman Park, Chandigarh Road Ludhiana.141001 बनाम/ Vs. Ludhiana. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacv-5821-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Ashish Aggarwal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Priyanka Dhar (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 04-08-2025 घोषणाकीतारीख /Date Of Pronouncement : 18-08-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2015-16 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)-1, Ludhiana [Cit(A)] Dated 06-03-2019 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 30-12-2017. The Sole Grievance Of The Assessee Is Confirmation Of Addition Of Rs.218.20 Lacs U/S 68. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Shri Ashish Aggarwal (CA) – Ld. ARFor Respondent: Smt. Priyanka Dhar (Addl. CIT) – Ld. Sr. DR
Section 143(3)Section 68

same is quite contrary in itself. Thirdly, no independent enquiry has been conducted by Ld. AO from the investor entity to ascertain the genuineness of the transaction. In the absence of any contrary findings on record, the impugned addition would have no legs to stand. For all these reasons

Santanu Roy, ITO, Ward 10(2), Kolkata vs. Ems Polyset Private Limited, Kolkata

Appeal is allowed for statistical purposes

ITA 2194/KOL/2024[2012-13]Status: DisposedITAT Kolkata18 Aug 2025AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.2193&2194/Kol/2024 Assessment Years: 2011-12 & 2112-13 Ito, Ward-10(2), Kolkata.…………………….…………….……....Appellant Vs. Ems Polyset Pvt. Ltd………………………………………….…..... Respondent Gobinda Niwas, Jyangra, Baguihati, Kolkata - 700059. [Pan: Aaace5551F] Appearances By: Shri Susanta Saha, Acit- Sr. Dr Appeared On Behalf Of The Appellant. Shri Subrato Rai, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 13, 2025 Date Of Pronouncing The Order : August 18, 2025 आदेश / Order Per Sonjoy Sarma: The Captioned Appeals Have Been Preferred By The Revenue Against Two Separate Orders Both Dated 06.08.2024 Passed By The Cit(Appeals) Addl/Jcit(A), Madurai [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2011-12 & 2012-13 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. First, We Take Up Ita No.2193/Kol/2024 For Narration Of Facts. 2. At The Outset, The Registry Has Informed That There Are Delays Of 27 Days In Filing Both The Present Appeals. The Revenue Filed Applications For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause. We

Section 132Section 143(1)Section 147Section 250

while passing the impugned order by the ld. CIT(A) did not call remand report from the Assessing Officer relating to verification of genuineness of the transaction, therefore, the order of the ld. CIT(A) is bad in law. 6. On the other hand, the ld. AR submitted that ... while passing the impugned order, the ld. CIT(A) did not call remand report from the Assessing Officer in order to verify the genuineness of the transaction, therefore, the order of the ld. CIT(A) is bad in law. Therefore, we feel it necessary to remand the whole issue

ITO, Ward 10(2), Kolkata vs. Ems Polyset Private Limited, Kolkata

Appeal is allowed for statistical purposes

ITA 2193/KOL/2024[2011-12]Status: DisposedITAT Kolkata18 Aug 2025AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.2193&2194/Kol/2024 Assessment Years: 2011-12 & 2112-13 Ito, Ward-10(2), Kolkata.…………………….…………….……....Appellant Vs. Ems Polyset Pvt. Ltd………………………………………….…..... Respondent Gobinda Niwas, Jyangra, Baguihati, Kolkata - 700059. [Pan: Aaace5551F] Appearances By: Shri Susanta Saha, Acit- Sr. Dr Appeared On Behalf Of The Appellant. Shri Subrato Rai, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 13, 2025 Date Of Pronouncing The Order : August 18, 2025 आदेश / Order Per Sonjoy Sarma: The Captioned Appeals Have Been Preferred By The Revenue Against Two Separate Orders Both Dated 06.08.2024 Passed By The Cit(Appeals) Addl/Jcit(A), Madurai [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2011-12 & 2012-13 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. First, We Take Up Ita No.2193/Kol/2024 For Narration Of Facts. 2. At The Outset, The Registry Has Informed That There Are Delays Of 27 Days In Filing Both The Present Appeals. The Revenue Filed Applications For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause. We

Section 132Section 143(1)Section 147Section 250

while passing the impugned order by the ld. CIT(A) did not call remand report from the Assessing Officer relating to verification of genuineness of the transaction, therefore, the order of the ld. CIT(A) is bad in law. 6. On the other hand, the ld. AR submitted that ... while passing the impugned order, the ld. CIT(A) did not call remand report from the Assessing Officer in order to verify the genuineness of the transaction, therefore, the order of the ld. CIT(A) is bad in law. Therefore, we feel it necessary to remand the whole issue