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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

Netafim Agricultural Financing Agency Pvt Ltd, Mumbai vs. ACIT Circle 15(2)(1), Mumbai

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

ITA 507/MUM/2025[2017-18]Status: DisposedITAT Mumbai27 Jun 2025AY 2017-18

Bench: Shri Pawan Singh & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 507/Mum/2025 (नििाारण वर्ा / Assessment Year :2017-18) Netafim Agricultural V/S. Acit, Circle 15(2)(1), Financing Agency Pvt. Ltd. बिाम Mumbai 308, Windfall, 3 Rd Floor, D Room No. 357, 3Rd Floor, Wing, Sahar Plaza Aayakar Bhavan, M K Complex, Andheri Kurla Road, Mumbai-400020 Road, Jb Nagar, Andheri East, Mumbai-400059 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcn7106J Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Sanjeev Aditya राजस्व की ओर से /Revenue By: Ms. Sujatha Iyanagar

For Appellant: Shri Sanjeev AdityaFor Respondent: Ms. Sujatha Iyanagar
Section 133(6)Section 250Section 68

persons/entities who had deposited more than Rs. 3,00,000/- in the assessee’s bank accounts for verifying the identity, creditworthiness and genuineness of the transactions. However, no response was received from any of these entities, and accordingly, the assessee was asked to show cause as to why the cash ... charged to tax at the prescribed rate. Since the assessee failed to discharge its onus of proving identity, creditworthiness of the depositors and genuineness of the transactions, the Ld. AO added the sum of Rs. 34,20,458/- to the assessee’s income u/s 68 r.w.s. 115BEE

Ambey Laboratories Limited, Delhi vs. Assistant Commissioner of Income Tax, Delhi

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

ITA 2334/DEL/2024[2017-18]Status: DisposedITAT Delhi27 Jun 2025AY 2017-18

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahmanambey Laboratories Limited, Vs. Acit, Circle 2(2), Ground Floor, Property No.555, Delhi. Tarla Mohalla Ghitorni, Delhi – 110 030. (Pan : Aaaca4317R) (Appellant) (Respondent) Assessee By : Ms. Apoorva Bhardwaj, Ca Revenue By : Shri Ashish Tripathi, Sr. Dr Date Of Hearing : 24.04.2025 Date Of Order : 27.06.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 31.01.2024 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income On 04.11.2017 Declaring Loss Of Rs.15,30,39,,439/-. The Case Was Selected For Scrutiny Under Cass & Notices Under Section 143(2) & 142(1) Of The Income-Tax

For Appellant: Ms. Apoorva Bhardwaj, CAFor Respondent: Shri Ashish Tripathi, Sr. DR
Section 143(2)Section 36(1)(vii)Section 36(2)Section 68

assessee company, certain credits were received with the same amount from unknown or other sources. Since assessee has not proved the genuineness of the transactions, he proceeded to make the addition u/s 68 of the Act. Further he observed that assessee has claimed financial cost to the extent of Rs.5 ... made the appellant has stated that it has discharged onus cast upon it of proving the identity and creditworthiness of loan creditors and genuineness of loan transactions. The appellant has further contended that the loan amount has been received through banking channel and hence the same is genuine. However