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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

Santosh Laxman Malusare, Pune vs. ITO, Ward-5(2), Pune

In the result, appeal of the assessee is allowed

ITA 3075/PUN/2025[2015-16]Status: DisposedITAT Pune16 Feb 2026AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.3075/Pun/2025 निर्धारण वषा / Assessment Year: 2015-16 Santosh Laxman Malusare, Vs Ward-5(2), Pune. Lahagaon, Moze Ali Haveli, Pune – 411047. Pan: Awzpm1600M Appellant/ Assessee Respondent /Revenue Assessee By Shri Rushab Shah Revenue By Shri Ajitesh Kumar Meena – Addl.Cit Date Of Hearing 27/01/2026 Date Of Pronouncement 16/02/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2015-16 Dated 14.10.2025 Emanating From The Assessment Order Passed Under Section 147 Read With Section 144B Of The I.T.Act, 1961 Dated 24.11.2023. The Assessee Has Raised Following Grounds Of Appeal : “1. On The Facts & Circumstances Prevailing In The Case & As Per The Provisions & Scheme Of The Act, It Be Held That Re-Opening Of The

Section 144BSection 147Section 148Section 148ASection 149Section 234ASection 250Section 698

Without prejudice to all the foregoing grounds, it is submitted that the addition of cash deposits of INR 32,74,500 as unexplained investment under section 698 of the Act is invalid, unsustainable and bad in law. The impugned addition has been made without proper appreciation of facts, without considering

Jaishri Shivaji Waghralkar, Mumbai vs. ITO-Ward 22(1)(6), Mumabi

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

ITA 6781/MUM/2025[2016-17]Status: DisposedITAT Mumbai16 Feb 2026AY 2016-17

Bench: Shri Anikesh Banerjee & Shri Girish Agrawalassessment Year: 2016-17 Jaishri Shivaji Waghralkar Income Tax Officer – Ward 22(1) 102A, Dadasaheb Phalke (6), Mumbai Marg, Navin Asha Chs, Vs. Dada (East), Mumbai 400014 (Pan: Aaupw9953G) (Appellant) (Respondent) Present For: Assessee : Shri Ketan Vajani, Ca Revenue : Shri Sushil B. Shendge, Sr. Dr Date Of Hearing : 10.02.2026 Date Of Pronouncement : 16.02.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi, Vide Order No. Itba/Nfac/S/250/2025-26/1080005281(1), Dated 26.08.2025, Passed Against The Assessment Order By Income Tax Officer, Ward 21(1)(5), Mumbai, U/S. 143(3) Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 27.12.2018 For Assessment Year 2016-17. 2. Grounds Taken By Assessee Are Reproduced As Under: 1. On The Facts & In The Circumstances Of The Case, The Commissioner Of Income- Tax (Appeals) - Nfac, Hereinafter Referred To As The "Cit (A)", Has Erred In Dismissing The Appeal Of The Appellant Ex-Parte. The Appellant Respectfully Submits That The Notice Dated 10-7-2025 Remained Non-Complied Only On Account Of Non-Communication Of The Same To The Appellant. The Appellant Submits That The Cit(A) Has Erred In Passing The Appeal Order Without Any Further Notice To The Appellant.

For Appellant: Shri Ketan Vajani, CAFor Respondent: Shri Sushil B. Shendge, Sr. DR
Section 143(3)Section 68Section 69

addition of Rs. 92,46,450/- made u/s. 69 of the Act in respect of investment in shop premises by treating the same as unexplained investments. The appellant respectfully submits that the entire source in respect of the above investment can be explained with documentary evidences and prays that ... explanation of the assessee in absence of documentary evidences. Assessment was completed by making addition of Rs. 92,46,540/- on account of unexplained investment in shop premise by applying provisions of section 69. Addition of Rs.10,40,000/- was also made towards deposit of cash in her bank account

Surya Pratap Singh Chauhan, Lucknow vs. The Income Tax Officer, Ward-2(1), Lucknow

In the result, the appeal of the assessee is partly allowed

ITA 642/LKW/2025[2018-19]Status: DisposedITAT Lucknow13 Feb 2026AY 2018-19

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2018-19 Surya Pratap Singh Chauhan, Vs. The Income Tax Officer, Ward- 68/422, Gandhi Nagar, Lucknow- 2(1), Lucknow-New 226001 Pan: Awgpc6261P (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Smt. Sonal Singh, Jcit Dr Date Of Hearing: 01.12.2025 Date Of Pronouncement: 13.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac, Dated 7.07.2025 Wherein The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee That Were Filed Against The Assessment Order Passed By The Assessment Unit For The A.Y. 2018-19 Under Section 147 R.W.S. 144 On 3.03.2023. The Grounds Of Appeal Are As Under:- “01. Because The Notice Issued Under Section 148 Has Been Issued By The Jao, Which Is Contrary To The Provisions Of Section 151A Of The Act, The Entire Assessment Framed Is Bad In Law Be Quashed. 02. Because The Notice Under Section 148 Having Been Issued On 23.03.2022, Beyond The Period Of Three Years & The Total Investment In Bit Coin Trading Is Of Rs.9,63,000/-, There Being No Profit On The Same On The Contrary Being Loss, The Entire Reopening Of The Assessment Is Without Proper Verification Of Facts, Based On Wrong Facts The Addition Of Rs.88,55,128/- Made By The Ao & Upheld By The Cit(A) Be Deleted. 03. Because The Cit(A), Nfac, Has Failed To Appreciate The Facts & Circumstances Of The Case & Has Arbitrarily Upheld The Addition Of Rs.88,55,128/- Under Section 69 Of The Income-Tax Act, 1961 Being Unexplained Investment In Purchase & Sale Of Bitcoins, Which Addition Is Contrary To Facts, Bad In Law, The Addition Made Be Deleted.

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Smt. Sonal Singh, JCIT DR
Section 139Section 143(2)Section 147Section 148Section 148ASection 151ASection 69

circumstances of the case and has arbitrarily upheld the addition of Rs.88,55,128/- under section 69 of the Income-tax Act, 1961 being unexplained investment in purchase and sale of Bitcoins, which addition is contrary to facts, bad in law, the addition made be deleted. 1 Surya Pratap Singh