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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

ACIT-24(1), Mumbai vs. Ramesh Kumar Jain, Mumbai

In the result, the appeal filed by the Revenue is dismissed

ITA 192/MUM/2025[2019-20]Status: DisposedITAT Mumbai24 Jul 2025AY 2019-20

Bench: Shri Vikram Singh Yadav & Shri Anikesh Banerjeeassessment Year : 2019-20 Acit-24(1), Ramesh Kumar Jain, 601, 6Th Floor, B-502, Oberoi Skyheight, Piramal Chambers, Vs. Cross Road Lokhandwala, Lalbaugh, Parel, Andheri (W), Mumbai-400012. Mumbai-400053. Pan : Adipj4196P (Appellant) (Respondent) For Assessee : Shri Rushabh Mehta For Revenue : Shri Uma Shankar Prasad, Cit-Dr Date Of Hearing : 11-06-2025 Date Of Pronouncement : 24-07-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax(Appeals)-48, Mumbai [„Ld.Cit(A)‟], Dated 29-11-2024, Pertaining To Assessment Year (Ay) 2019-20, Wherein The Revenue Has Taken The Following Grounds Of Appeal:

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Uma Shankar Prasad, CIT-DR
Section 131Section 133(6)Section 147Section 68Section 69C

bank statement, annual financial statements, TDS certificates etc., and has held that the assessee has duly proved the identity, creditworthiness and genuineness of the transaction and the addition so made by the AO was deleted. Against the said order, the Revenue is in appeal before us. 4. During the course ... appellant has duly provided the identity by submitting the PAN and copy of ITR of M/s. Aneri Fincap Ltd. Further, to prove the genuineness of the transaction the appellant has submitted its bank statement reflecting the said transaction along with TDS certificates which shows that TDS had been deducted

Electromechanical Trading Pvt. Ltd., Fortuna Tower vs. ITO 5(3), Aayakar Bhawan

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1066/KOL/2025[2012-13]Status: DisposedITAT Kolkata23 Jul 2025AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1066/Kol/2025 Assessment Year: 2012-13 Electromechanical Trading Pvt. Ltd. …………………....Appellant 23A, Ns Road, 11Th Floor, Room No.53, Kol-1. [Pan: Adcpa8526G] Vs. Ito, Ward-5(3), Kolkata……..……………..………………….…..... Respondent Appearances By: Shri Vijay Kr. Singhal, Fca Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 23, 2025 Date Of Pronouncing The Order : July 23, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 27.02.2024 Passed By The Nfac Under Section 250 Of The Income-Tax Act, 1961. 2. At The Outset, It Is Noted That There Is A Delay Of 358 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication. 3. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2012-13 By Declaring A Total Income Of Rs.50,050/- Which Was Processed Under Section 143(1) Of The Act. Subsequently, The Case Was Selected For Scrutiny & Notice Under

Section 131Section 143(1)Section 144Section 250Section 68

crore face value and Rs.99,96,00,000/- premium). The assessee failed to substantiate the identity, creditworthiness of the shareholders and the genuineness of the transactions, Accordingly, the entire share capital and premium amount was treated as unexplained ash credit and added under Section 68 of the Act. Since there

Chinnasaminaidu Chandrasekar, Hosur vs. Income Tax Department, Hosur

ITA 3119/CHNY/2024[2015-16]Status: DisposedITAT Chennai23 Jul 2025AY 2015-16

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunathaआयकर अपील सं./Ita No.:3119/Chny/2024 निर्धारण वर्ष / Assessment Year: 2015-16 Chinnasaminaidu Chandrasekar, 3-591, Athimugam, Hosur, Krishnagiri – 635 105. [Pan:Bwrpc-0650-C] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By Income Tax Officer, Vs. Ward -1, Hosur. (प्रत्यर्थी/Respondent) : Shri. L. Mahesh Kumar, Advocate : Ms. Gouthami Manivasagam, J.C.I.T. सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement आयकर अपील सं./Ita No.:3119/Chny/2024 : 26.06.2025 : 23.07.2025 आदेश /Order Per S.R. Raghunatha, Am: This Is An Appeal By The Assessee Against The Order Dated 09.10.2024 Under Section 250 Of Income Tax Act, 1961 (In Short “The Act”) Passed By The Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi, (Ld.Cit(A)) In Relation To

Section 142(1)Section 148Section 156Section 250

earned by the appellant. The ld. assessing officer completely ignored the documents and submissions made by the Appellant on identify and prove the genuineness of the transaction as well as creditworthiness of the parties in passing the order u/s 147 r.w.s 144B. 1.3. Other grounds are all general in nature

Sukumar Enterprises Private Limited, Delhi vs. National Faceless Appeals Centre (NFAC), Delhi

In the result, the appeal of the assessee is partly allowed

ITA 5401/DEL/2024[2017-18]Status: DisposedITAT Delhi23 Jul 2025AY 2017-18

Bench: Shri Yogesh Kumar Us & Shri Manish Agarwals.A.No.524/Del/2024 [In Ita No.5401/Del/2024] [Assessment Year : 2017-18] Sukumar Enterprises Pvt.Ltd., Vs National Faceless C-30, Panchsheel Enclave, Appeals Centre South Delhi, (Nfac), Delhi Delhi-110017. Pan-Aaqcs8755B Appellant Respondent [Assessment Year : 2017-18] Sukumar Enterprises Pvt.Ltd., Vs National Faceless C-30, Panchsheel Enclave, Appeals Centre South Delhi, (Nfac), Delhi Delhi-110017. Pan-Aaqcs8755B Appellant Respondent Appellant By Shri Gagan Kumar, Adv. & Shri Gagan Deep, Adv. Respondent By Shri Sahil Kumar Bansal, Sr.Dr Date Of Hearing 29.04.2025 Date Of Pronouncement 23.07.2025 Order

Section 142(1)Section 143(2)Section 143(3)Section 250Section 271ASection 68

cash credit within the meaning of Section 68 of the Act, despite the identity, creditworthiness, and genuineness of the transaction having been duly established. 4. The NFAC erred in law and facts and circumstances of the case in imposing interest under sections 234A, 234B, 234C and 234D ... application of provision of section 68 of the Act, we find that the AO has not doubted the identity, S.A.No.524/Del/2024 & creditworthiness and genuineness of the transaction and solely for the reason that the investment made in the shares of Rockland Hospital. Limited was admitted by the said company