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“unexplained investment”

Cash Credits & Unexplained ItemsSection 69Section 695,821 judgments

The decision most relied on for unexplained investment is Sumati Dayal v. CIT (214 ITR 801), cited in 1,967 judgments on BharatTax.

Leading authorities on unexplained investment

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.

K.P. Varghese v. ITO
131 ITR 597 · 1981 · Supreme Court
989
citing judgments

An addition to income cannot be made merely on the basis of a difference in valuation of assets or a Valuation Officer's report without establishing actual understatement of consideration or the source of unexplained funds through proper enquiry. The Assessing Officer must conduct proper enquiry and satisfy the conditions for making such additions.

Chuharmal v. CIT
172 ITR 250 · 1988 · Supreme Court
340
citing judgments

The expression 'income' under Section 69A of the Income-tax Act, 1961, has a wide meaning, encompassing anything that comes in or results in gain. Therefore, an assessee's unexplained investments, such as purchasing articles or depositing cash, can legitimately be inferred and deemed as income under this section.

CIT v. Kamdhenu Steel & Alloys Ltd.
361 ITR 220 · 2014 · High Court
328
citing judgments

When making an addition under section 68, the creditworthiness or financial strength of an investor contributing share capital or share application money can be proved by producing their bank statements showing sufficient balance for the investment. The Supreme Court dismissed the SLP against this decision.

CIT v. Dwarkadhish Investment (P) Ltd.
330 ITR 298 · 2011 · High Court
218
citing judgments

An assessee cannot be asked to explain the source of the source for cash credits, particularly share capital or share application money, once they have discharged the initial onus regarding the identity, genuineness of the transaction, and creditworthiness of the immediate investor.

CIT v. Jansampark Advertising & Marketing (P.) Ltd.
56 Taxmann.com 286 · 2015 · High Court
196
citing judgments

The Commissioner of Income-tax (Appeals) has an independent statutory obligation to conduct proper inquiries and verify facts, especially when the Assessing Officer has failed to do so. The CIT(A) must ensure effective inquiry is carried out before deleting additions or accepting additional evidence.

ITO v. Ch. Atchaiah
218 ITR 239 · 1996 · Supreme Court
149
citing judgments

Under the Income-tax Act, 1961, the Assessing Officer must tax any taxable income in the hands of the correct assessee to whom it truly belongs, having no option to assess it in any other person's hands.

CIT v. Stellar Investment Ltd.
192 ITR 287 · 1991 · High Court
146
citing judgments

Once the identity of the shareholders is established, no addition can be made in the hands of the assessee company under Section 68 for share capital or share application money, as it cannot be treated as undisclosed income.

Judgments citing unexplained investment

Madanraj Hamirmal Shah, Mumbai vs. ITO, Erode

In the result the appeal of the assessee is partly allowed

ITA 1335/CHNY/2024[2012-13]Status: DisposedITAT Chennai26 Mar 2025AY 2012-13

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकरअपीलसं./Ita Nos.: 1334 & 1335/Chny/2024 िनधा"रणवष" / Assessment Years: 2011-12 & 2012-13 Madanraj Hamirmal Shah Income Tax Officer, C-405, Royal Samrat, Ward -1(2), S.V. Road,Goregoan West, V. Erode. Mumbai – 400 062. [Pan: Adwpm-2343-M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ"कीओरसे/Appellant By : Shri. P.C. Jain, Advocate & Shri. Mohit Bangani, Advocate ""थ"कीओरसे/Respondent By : Shri. P. Vijaideepan, Jcit सुनवाई की तारीख/Date Of Hearing : 11.02.2025 घोषणा की तारीख/Date Of Pronouncement : 26.03.2025

For Appellant: Shri. P.C. Jain, Advocate &For Respondent: Shri. P. Vijaideepan, JCIT
Section 147Section 148

making an addition of Rs.65,36,709/- towards purchase of immovable property and Rs.20,00,000/- towards HDFC Bank deposit as unexplained investment u/s.69 of the Act. Aggrieved by the order of the AO the assessee preferred an appeal before the ld. CIT(A), NFAC, Delhi. 4. Before ... Mumbai on 23.11.2018. The AO passed an exparte order u/s.144 r.w.s. 147 of the Act by adding an amount of Rs.65,36,709/- unexplained investment u/s.69A of the Act along with undisclosed deposit of Rs.20,00,000/-. The ld.CIT(A) also confirmed the same, since the assessee did not furnish

Madanraj Hamirmal Shah, Mumbai vs. ITO, Erode

In the result the appeal of the assessee is partly allowed

ITA 1334/CHNY/2024[2011-12]Status: DisposedITAT Chennai26 Mar 2025AY 2011-12

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकरअपीलसं./Ita Nos.: 1334 & 1335/Chny/2024 िनधा"रणवष" / Assessment Years: 2011-12 & 2012-13 Madanraj Hamirmal Shah Income Tax Officer, C-405, Royal Samrat, Ward -1(2), S.V. Road,Goregoan West, V. Erode. Mumbai – 400 062. [Pan: Adwpm-2343-M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ"कीओरसे/Appellant By : Shri. P.C. Jain, Advocate & Shri. Mohit Bangani, Advocate ""थ"कीओरसे/Respondent By : Shri. P. Vijaideepan, Jcit सुनवाई की तारीख/Date Of Hearing : 11.02.2025 घोषणा की तारीख/Date Of Pronouncement : 26.03.2025

For Appellant: Shri. P.C. Jain, Advocate &For Respondent: Shri. P. Vijaideepan, JCIT
Section 147Section 148

making an addition of Rs.65,36,709/- towards purchase of immovable property and Rs.20,00,000/- towards HDFC Bank deposit as unexplained investment u/s.69 of the Act. Aggrieved by the order of the AO the assessee preferred an appeal before the ld. CIT(A), NFAC, Delhi. 4. Before ... Mumbai on 23.11.2018. The AO passed an exparte order u/s.144 r.w.s. 147 of the Act by adding an amount of Rs.65,36,709/- unexplained investment u/s.69A of the Act along with undisclosed deposit of Rs.20,00,000/-. The ld.CIT(A) also confirmed the same, since the assessee did not furnish

Enrich Hair and Skin Solutions Private Limited, Mumbai vs. Assistant Commissioner of Income-Tax, Range 14 (1) - 2, Mumbai

In the result, the appeal of the assessee is allowed

ITA 6331/MUM/2024[2007-08]Status: DisposedITAT Mumbai26 Mar 2025AY 2007-08

Bench: Ms. Kavitha Rajagopal & Smt. Renu Jauhriआयकर अपील सं./Ita No. 6331/Mum/2024 (निर्धारण वर्ा / Assessment Year :2007-08) Enrich Hair & Skin V/S. Acit, Range 14(1)-2, Solutions Pvt Ltd. बिधम Mumbai 301, Kamla Executive Aayakar Bhawan, M.K. Park, Vazir Glass Work Marg, Churchgate, Lane, Andheri East, Maharashtra-400020 Maharashtra-400059 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabce3307L Appellant/अपीलधर्थी .. Respondent/प्रनिवधदी

For Appellant: Shri Mehul ShahFor Respondent: Shri Hemanshu Joshi
Section 143(1)Section 143(3)Section 148Section 250Section 69Section 80G

learned Commissioner of income-tax (Appeal) erred in upholding order of the Assessing Officer in making addition of RS. 4,700,000 as unexplained investment under section 69 without bringing or providing any corroborative evidence to support the allegation and without affording any opportunity to the Appellant to cross examine ... Enrich Hair and Skin Solutions Pvt. Ltd. therefore, hold that there was no justification for making the addition of Rs. 47,00,000/- as unexplained investment u/s 69 of the Act in the hands of the assessee. The addition is, therefore, directed to be deleted. 10. In the result

Dahyabhai Shankarbhai Patel, Vadodara vs. Income Tax Officer, Ward 1(3)(1), Vadodara

In the result, the appeal of the assessee is allowed

ITA 251/AHD/2025[2015-16]Status: DisposedITAT Ahmedabad25 Mar 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.251/Ahd/2025 िनधा"रण वष" /Assessment Year : 2015-16 Dahyabhai Shankarbhai Patel The Income Tax Officer बनाम/ Ashutosha, 300 Kadamnagar Ward-1(3)(1), V/S. Nr. Mehsana Nagar Vadodara Nizampura, Vadodara-390 024 "थायी लेखा सं./Pan: Acspp 2248 R (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Sunil Talati, Ar Revenue By : Shri Kalpesh Rupavatia, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 24 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 25 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee Against The Order Dated 19.12.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As "Cit(A)"] Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"] For The Assessment Year (Ay) 2015-16, Whereby The Cit(A) Upheld The Addition Of Rs.2,78,14,620/- Made By The Assessing Officer [Hereinafter Referred To As "Ao”] Under Section 69 Of The Act As Unexplained Investment. Dahyabhai Shankarbhai Patel Vs. Ito Asst. Year : 2015-16

For Appellant: Shri Sunil Talati, ARFor Respondent: Shri Kalpesh Rupavatia, Sr.DR
Section 148Section 148ASection 250Section 69

addition of Rs.2,78,14,620/- made by the Assessing Officer [hereinafter referred to as "AO”] under section 69 of the Act as unexplained investment. Dahyabhai Shankarbhai Patel vs. ITO Asst. Year : 2015-16 Facts of the Case: 2. The assessee filed his return of income ... capital was not routed through the assessee’s own account. Consequently, the AO treated the entire capital of Rs.2,78,14,620/- as unexplained investment under section 69 of the Act and added it to the income. Dahyabhai Shankarbhai Patel vs. ITO Asst. Year : 2015-16 3. The assessee preferred

Senniappan Mani, Tirupur vs. ITO, Ward-2(1), Tiruppur

In the result, the appeal is allowed for statistical purposes

ITA 3230/CHNY/2024[2017-18]Status: DisposedITAT Chennai25 Mar 2025AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita No.3230/Chny/2024 (िनधा"रणवष" / Assessment Year: 2017-2018) Senniappan Mani, Vs. The Income Tax Officer, No.7, Sivasakthi Nagar, Ward 2(1) 1St Street, K T C Main Road, Tirupur. Parappalayam, Tirupur 641 604. [Pan: Bbnpm 7005C] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. Senthil Kumar, Advocate Virtual, Erode ""यथ" क" ओर से /Respondent By : Ms. V. Aswathy, Jcit सुनवाई क" तार"ख/Date Of Hearing : 25.02.2025 घोषणा क" तार"ख /Date Of Pronouncement : 25.03.2025 आदेश / O R D E R Per Manu Kumar Giri () This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) Nfac, Delhi [Cit(A)] Dated 01.02.2024 For Assessment Year 2017-18. 2. The Registry Has Noted Delay Of 232 Days In Filing The Appeal. Considering The Period Of Delay & Reasons Stated In Condonation Affidavit Given By The Assessee, We Condone The Delay & Admit The Appeal For Adjudication. 3. Brief Facts Of The Case Are That The Assessment Was Completed U/S 147 R.W.S 144 R.W.S 144B Of The Act Wherein Ao Had Made Addition Of Rs.1,00,98,950/- U/S 69 On Account Of Unexplained Investment & Rs.1,11,66,838/- U/S 69A On Account Of Unexplained Money. Assessee Further Challenged The Order Of Assessment U/S 147 R.W.S 144 R.W.S 144B Of The Act Before The Ld.Cit(A) Who Did Not Admit The Appeal Of The Assessee For The Reason That The Assessee Has Not Paid An Amount Equal To The Amount Of Advance Tax Which Was Payable In The Light Of The Mandatory Provision Of Section 249(4)(B) Of The Act. The Assessee Is Now In Appeal Before The Tribunal With The Following Grounds:-

For Appellant: Shri. Senthil Kumar, AdvocateFor Respondent: Ms. V. Aswathy, JCIT
Section 147Section 207Section 249(4)Section 249(4)(a)Section 249(4)(b)Section 69Section 69A

r.w.s 144 r.w.s 144B of the Act wherein AO had made addition of Rs.1,00,98,950/- u/s 69 on account of unexplained Investment and Rs.1,11,66,838/- u/s 69A on account of unexplained money. Assessee further challenged the order of assessment u/s 147 r.w.s 144 r.w.s 144B