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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

Jivrajbhai Mavjibhai Pa vs. Iya, Suratvs.Income Tax Officer Ward 3(3)(1) Surat, Ayakar Bhawan, Surat

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

ITA 1102/SRT/2024[2017-18]Status: DisposedITAT Surat30 Jun 2025AY 2017-18

Bench: Shri Tr Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita No.1120/Srt/2024 Assessment Year: (2017-18) (Hybrid Hearing) Jivrajbhai Mavjibhai Pavsiya 204, Amizara Palace, B/H Vs. Gabani Kidney Hospital, Lal Darwaja, Surat-395006 Income Tax Officer Ward No.3(3)(2), Surat, Ayakar Bhawan, Majura Gate Nr. New Civil Hospital, Surat-395 001 स्थायीलेखासं. / जीआइआरसं./Pan/Gir No: Adwpp 2625 F (अपीलार्थी/Appellant) (प्रत्यर्थी / Respondent) निर्धारिती की ओर से /Appellant By Shri Kamlesh Pandya, Ca राजस्व की ओर से /Respondent By Ms. Neerja Sharma, Sr-Dr सुनवाई की तारीख/Date Of Hearing 08/05/2025 उ‌द्घोषणा की तारीख/Date Of Pronouncement 30/06/2025 आदेश / Order Per Bijayananda Pruseth, Am: This Appeal By The Assessee Emanates From The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, 'The Act') Dated 30.08.2024 By The National Faceless Appeal Centre, Delhi /Commissioner Of Income-Tax (Appeals) [In Short, 'Cit(A)'] For The Assessment Year (Ay) 2017-18, Which In Turn Arises Out Of Assessment Order Passed By Assessing Officer (In Short, 'Ao') U/S 143(3) Of The Act Dated 27.12.2019. Grounds Of Appeal Raised By The Assessee Are As Under: "1. Learned Cit(A) Erred In Making Order By Upholding Addition Made By Ito Without Considering Facts, Circumstances Of Our Case & Submission Made By Us During Appeal Proceedings Even Though Source Of Cash Deposit Already Explained, Therefore Section 69A Not Applicable In Our Case.

Section 115BSection 143(2)Section 143(3)Section 250Section 44ASection 69A

accept the explanation of the assessee that mere signing of the return of income proves the correctness and genuineness of the transactions i.e., cash deposited in the bank accounts. The assessee did not submit any supporting documentary evidences and copy of dissolution of the partnership firm. He observed that appellant

Delta Dealers Private Limited, Kolkata vs. Income Tax Officer Ward 6(3), Kolkata

ITA 650/KOL/2024[2009-10]Status: DisposedITAT Kolkata30 Jun 2025AY 2009-10

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.650/Kol/2024 Assessment Year: 2009-10 Delta Dealers Pvt. Ltd…………………………………………...….……….Appellant Baltikuri, Kalitala, P.O. Dasnagar, Howrah-711113. [Pan: Aaccd9633P] Vs. Ito, Ward-6(3), Kolkata.………….......................……........……...…..…..Respondent Appearances By: Shri Akshay Ringasia, C.A & Taraknath Jaiswal, Advocate, Appeared On Behalf Of The Assessee. Shri Raja Sengupta, Cit, Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 14, 2025 Date Of Pronouncing The Order : June 30, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee Is Directed Against The Order Dated 27.09.2023 Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’] For The Assessment Year 2009-10. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2009-10 Under The Name Of Orange Merchants Pvt. Ltd. Being Its Pan No.Aabco0792P. The Return Of The Assessee Initially Processed U/S 143(1) Of The Act. Subsequently, The Case Of The Assessee Was Reopened U/S 147 Of The Act & The Assessee Complied To The Notices & Assessment Order Was Framed By Determining Total Income Of Rs.45,500/-. Immediately, Thereafter The Said Assessment Order Was Set Aside By The Ld. Pcit, Kolkata-2 By Exercising His Revisionary Jurisdiction U/S 263 Of The Act. In Consequence To That, Notice U/S 142(1) Of The Act Was Issued To The Assessee Directing The Assessee To Submit Detailed Information Regarding The Shareholders Along With Supported Evidences In Respect Of Share Capital & Share

Section 131Section 142(1)Section 143(1)Section 147Section 263Section 68

before the Hon’ble High Court of Calcutta, therefore, allegation and doubts raised by the Assessing Officer with respect to creditworthiness and genuineness of the transaction, is bad in law. The ld. AR in order to prove his case drew our attention to pages 15 to 387 which ... submitted that once the assessee has 5 I.T.A. No.650/Kol/2024 Assessment Year: 2009-10 Delta Dealers Pvt. Ltd submitted the documents relating to identity, genuineness of the transaction, and credit-worthiness, then the lower authorities have erred in treating the same as unexplained cash credit

Dy. Commissioner of Income-Tax-1(1)(1), Mumbai vs. M/S. Chopra Strips Limited, Rajasthan

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

ITA 6818/MUM/2024[2012]Status: DisposedITAT Mumbai30 Jun 2025

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 6818/Mum/2024 (नििाारण वर्ा / Assessment Year :2012-13) Dcit-1(1)(1), Mumbai V/S. M/S. Chopra Strips Ltd. बिाम Room No. 579A, 5 Th Floor, D-194-195, Boranada Agro Aayakar Bhawan, Mumbai- Food Park, Jodhpur, 400020 Rajasthan-342008 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaccc3063C Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Vinod Kumar Bindal/Shri Satish Gupta राजस्व की ओर से /Revenue By: Shri Yogesh Kumar, Sr. Dr.

For Appellant: Shri Vinod Kumar Bindal/ShriFor Respondent: Shri Yogesh Kumar, Sr. DR
Section 143(1)Section 143(3)Section 148Section 68

Total - Rs. 2,60,00,000/- Ld. AO asked the assessee to prove the creditworthiness of the ii. investors and the genuineness of the transactions. The assessee requested the AO to provide copies of statements recorded by Investigation Wing, which were duly provided. Since the persons were based in Kolkata ... provisions of Section 68 of the Act as the assessee had failed to prove the creditworthiness of the entities and genuineness of the transactions amounting to Rs. 2,60,00,000/- However, in appeal, the impugned addition was deleted by the Ld. v. CIT(A), with the following observations