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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

Namasivayam Arunprasad, Chennai vs. ITO, Intl Taxn Ward-2(1), Chennai

In the result, the appeal filed by the assessee is allowed and the stay application is dismissed

ITA 548/CHNY/2025[2015-16]Status: DisposedITAT Chennai12 Mar 2025AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.548/Chny/2025 िनधा"रण वष"/Assessment Year: 2015-16 & S.A. No. 24/Chny/2025 [In I.T.A. No.548/Chny/2025] Namasivayam Arunprasad, Vs. The Income Tax Officer, C/O S. Ramanathan, Advocate, International Taxation Ward 2(1), No. 4, Srinivasan Street, First Floor, Chennai. Mandaveli, Chennai 600 028. [Pan:Adjpn0394E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Ramanathan, Advocate ""थ" की ओर से/Respondent By : Shri Shivanand K Kalakeri, Cit सुनवाई की तारीख/ Date Of Hearing : 06.03.2025 घोषणा की तारीख /Date Of Pronouncement : 12.03.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi:

For Appellant: Shri S. Ramanathan, AdvocateFor Respondent: Shri Shivanand K Kalakeri, CIT
Section 144(7)Section 144C(1)Section 147Section 148Section 69

I.T.A. No.548/Chny/25 & S.A. No. 24/Chny/25 is justified in confirming the addition made by the Assessing Officer under section 69 of the Act on account unexplained investments in the facts and circumstances of the case. 3. At the outset, we note that the assessee is a non-resident Indian

Deputy Commissioner of Incometax, Central Circle-2, Madurai, Meenambalpuram Madurai vs. Palraj Jeyakumar, Madurai

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

ITA 1651/CHNY/2024[2011-2012]Status: DisposedITAT Chennai12 Mar 2025AY 2011-2012

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No. 1651/Chny/2024 िनधा"रण वष"/Assessment Year: 2011-12 The Deputy Commissioner Of Vs. Palraj Jeyakumar, Income Tax, Circle -2, 79, Sanjeevi Street, Meenakshi Nagar, Madurai. Avaniapuram, Madurai 625 012. [Pan:Adppj7550C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Dr. M.D. Vijay Kumar, Jcit ""थ" की ओर से/Respondent By : Shri R. Venkata Raman, C.A. सुनवाई की तारीख/ Date Of Hearing : 06.03.2025 घोषणा की तारीख /Date Of Pronouncement : 12.03.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 08.04.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), Chennai – 19, Chennai For The Assessment Year 2011-12. 2. The Appellant-Revenue Raised Ground No. 1 To 2.3, Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Deleting The Addition Made By The Assessing Officer Under Section 69A Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Dr. M.D. Vijay Kumar, JCITFor Respondent: Shri R. Venkata Raman, C.A
Section 142(1)Section 143(3)Section 148Section 69A

Report of the ADI (Inv.) has initiated proceedings u/s 147 of the Act and completed the assessment by adding the entire cash deposit as unexplained investment in the hands of the appellant as per the provisions of the section 69A of the Act. 6.8.15 Now the issue before the undersigned ... whether the cash deposits made by the Appellant in the Bank Accounts can constitute the unexplained investment of the Appellant or not. The Appellant during the course of Appellate Proceedings has made available the relevant Bank Statement before the undersigned, which was very well available before the A.O. during

Mohanraj, Coimbatore vs. DCIT, Central Circle 3, Coimbatore

In the result, all the five appeals filed by the assessee are allowed

ITA 552/CHNY/2024[2018-19]Status: DisposedITAT Chennai11 Mar 2025AY 2018-19

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 548 To 552/Chny/2024 िनधा"रण वष"/Assessment Years: 2014-15 To 2018-19 Shri Mohanraj Deputy Commissioner Of 76, State Bank Road, Vs. Income Tax, Coimbatore-641 018. Central Circle-3 Pan: Ahopm-2335-H Coimbatore. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. S.Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Ms.T.M.Suganthamala, Cit सुनवाई क" तारीख/Date Of Hearing : 26.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.03.2025 आदेश /O R D E R Per Bench: These Five Appeals At The Instance Of The Assessee Are Directed Against Five Separate Orders Of Cit(A), Chennai-20, All Dated 16.02.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2014-15 To 2018-19. 2. The Common Issue Is Raised In These Appeals, Hence, They Were Heard Together & Are Being Disposed Off By This Consolidated Order. Identical Grounds Are Raised Except For Variation In Figures.

For Appellant: Mr. S.Sridhar, AdvocateFor Respondent: Ms.T.M.Suganthamala, CIT
Section 153ASection 250Section 56

assessment year 2018-19, the AO has made addition of Rs.1,50,00,000/- u/s.69 of the Act, as unexplained investment. In the search conducted in the premises of the assessee, there was no incriminating material to disclose that assessee had advanced loan outside books of account to Shri O.Arumugasamy

Mohanraj, Coimbatore vs. DCIT, Central Circle 3, Coimbatore

In the result, all the five appeals filed by the assessee are allowed

ITA 551/CHNY/2024[2017-18]Status: DisposedITAT Chennai11 Mar 2025AY 2017-18

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 548 To 552/Chny/2024 िनधा"रण वष"/Assessment Years: 2014-15 To 2018-19 Shri Mohanraj Deputy Commissioner Of 76, State Bank Road, Vs. Income Tax, Coimbatore-641 018. Central Circle-3 Pan: Ahopm-2335-H Coimbatore. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. S.Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Ms.T.M.Suganthamala, Cit सुनवाई क" तारीख/Date Of Hearing : 26.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.03.2025 आदेश /O R D E R Per Bench: These Five Appeals At The Instance Of The Assessee Are Directed Against Five Separate Orders Of Cit(A), Chennai-20, All Dated 16.02.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2014-15 To 2018-19. 2. The Common Issue Is Raised In These Appeals, Hence, They Were Heard Together & Are Being Disposed Off By This Consolidated Order. Identical Grounds Are Raised Except For Variation In Figures.

For Appellant: Mr. S.Sridhar, AdvocateFor Respondent: Ms.T.M.Suganthamala, CIT
Section 153ASection 250Section 56

assessment year 2018-19, the AO has made addition of Rs.1,50,00,000/- u/s.69 of the Act, as unexplained investment. In the search conducted in the premises of the assessee, there was no incriminating material to disclose that assessee had advanced loan outside books of account to Shri O.Arumugasamy

Mohanraj, Coimbatore vs. DCIT, Central Circle 3, Chennai

In the result, all the five appeals filed by the assessee are allowed

ITA 549/CHNY/2024[2015-16]Status: DisposedITAT Chennai11 Mar 2025AY 2015-16

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 548 To 552/Chny/2024 िनधा"रण वष"/Assessment Years: 2014-15 To 2018-19 Shri Mohanraj Deputy Commissioner Of 76, State Bank Road, Vs. Income Tax, Coimbatore-641 018. Central Circle-3 Pan: Ahopm-2335-H Coimbatore. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. S.Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Ms.T.M.Suganthamala, Cit सुनवाई क" तारीख/Date Of Hearing : 26.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.03.2025 आदेश /O R D E R Per Bench: These Five Appeals At The Instance Of The Assessee Are Directed Against Five Separate Orders Of Cit(A), Chennai-20, All Dated 16.02.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2014-15 To 2018-19. 2. The Common Issue Is Raised In These Appeals, Hence, They Were Heard Together & Are Being Disposed Off By This Consolidated Order. Identical Grounds Are Raised Except For Variation In Figures.

For Appellant: Mr. S.Sridhar, AdvocateFor Respondent: Ms.T.M.Suganthamala, CIT
Section 153ASection 250Section 56

assessment year 2018-19, the AO has made addition of Rs.1,50,00,000/- u/s.69 of the Act, as unexplained investment. In the search conducted in the premises of the assessee, there was no incriminating material to disclose that assessee had advanced loan outside books of account to Shri O.Arumugasamy