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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, New Delhi vs. M/S. Sea Point Trading & Builders Pvt. Ltd., New Delhi

In the result, the appeal of the assessee is dismissed

ITA 1731/DEL/2016[2012-13]Status: DisposedITAT Delhi18 Jun 2025AY 2012-13

Bench: Ms. Madhumita Roy, Judical Member & Shri Manish Agarwalasst. Commissioner Of M/S. Sea Point Trading & Income Tax, Builders Pvt. Ltd. Central Circle-2, Vs. B-4/43, 2Nd Floor, New Delhi. Safdarjung Enclave, New Delhi-110029. Pan: Aabcs0741C (Appellant) (Respondent) Assessee By Dr. Rakesh Gupta, Adv., Shri Somil Agarwal, Adv. & Shri Deepesh Garg, Adv. Department By Shri Virender Kumar Singh, Sr. Dr Date Of Hearing 07/05/2025 Date Of Pronouncement 18/06/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Learned Commissioner Of Income Tax (Appeals)-23, New Delhi [Ld. Cit(A), In Short], Dt. 29.01.2026 In Appeal No. 16/2015-16 For Assessment Year 2012-13 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short). 2. The Revenue Has Taken The Following Grounds Of Appeal: “1. The Order Of Ld. Cit(A) Is Not Correct In Law & On Facts. 2. On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Laws In Deleting The Addition Of Rs.6,35,00,000/- Made By Ao On Account Of Unexplained Cash Credit U/S 68 Of The Act Received From M/S Manan Merchandise Pvt. Ltd.”

Section 127Section 132Section 147Section 148Section 250Section 68

assessment order). The AO, in spite of these documents having been filed before him, held that the identity of the MMPL and the genuineness of the transaction is not established. The AO relied upon the report dt. 29.05. 2013 and 07.06.2013 of the Dy Director of Income Tax (Inv.) Unit

Shri Gajraj Natubha Jethva, Jamnagar vs. The ITO Ward-3 (2), Jamnagar

In the result, appeal filed by the assessee is allowed in terms indicated above

ITA 426/RJT/2023[2016-17]Status: DisposedITAT Rajkot17 Jun 2025AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 426/Rjt/2023 ("नधा"रणवष" / Assessment Year: (2016-17) (Hybrid Hearing) Gajraj Natubha Jethva Vs. Income Tax Officer, Ito Ward – Sikka Patiya, Moti Khavadi, 3(2), Taranjali Building, Nr. Amber Jamnagar-361140 Cinema, Pt. Nehru Marg, Hospital Road Jamnagar - 361140 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Akypj9388E (Appellant) (Respondent) Appellant By : Smt. Astha Maniyar, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 24/03/2025 Date Of Pronouncement : 17/06/2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm:

For Appellant: Smt. Astha Maniyar, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 133(6)Section 142(1)Section 143(1)Section 143(3)Section 250

Inspector reports non existence of some of the retailer. By issuance of show cause notice dated 19/12/2018 onus to prove the genuineness of the transaction regarding passing of Commission and Credit Note is upon the assessee. ii. Regarding genuineness of expenses, the contra confirmation asked vide show cause notice dated ... paid to retailers below Rs.5000/- in such a way that no TDS liability occurs as also assessee could not submit contra confirmation for genuineness of the transaction It is also very unusual in the line of Assessee's business that not a single party of the GAJRAJ N. JETHVA

Aadinath Merchandise Private Ltd, Gujarat vs. DCIT Central Circle -5(2), Mumbai

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

ITA 2935/MUM/2025[2021-22]Status: DisposedITAT Mumbai16 Jun 2025AY 2021-22

Bench: Shri Sandeep Gosain & Shri Prabhash Shankaraadinath Merchandise V/S. Deputy Commissioner Of Private Ltd., 1St Floor, Sy-1105 Income Tax, Central Circle बनाम To 1107, Office No. 102, Tulsi – 5(2), Kautilyabhavan, Building, Somnathmahadevni Bandrakurla Complex, Sheri Haripura, Mahidharpura, Bandra (East), Mumbai Surat, Gujarat – 395 003 400051, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaoca4521H Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Himanshu Gandhi, ARFor Respondent: Shri Rajesh Kumar Yadav (CIT DR)
Section 143(3)Section 144Section 145(3)Section 234ASection 270ASection 271A

from providing bogus and non-genuine loans to various entities. He concluded that the assessee failed to discharge the burden of proving the genuineness of the transactions with the concerned parties. The AO further mentioned that as per market practice, commission rate ... respect of purchase and sales transactions as well as unsecured loans arranged by it. Onus lay on the assessee to prove the genuineness of the transaction entered into by it from the various parties. Since the assessee had failed to furnish any details or proof of the transactions regarding purchase