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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

Poonusamy Lakshmi, Erode vs. ITO, Ward 2(5), Erode

ITA 49/CHNY/2024[2011-12]Status: DisposedITAT Chennai05 Jun 2024AY 2011-12

Bench: Shri Mahavir Singh & Shri Jagadishआयकर अपील सं./Ita No.49 /Chny/2024 िनधा8रण वष8 /Assessment Year: 2011-12 Ponnusamy Lakshmi, The Income Tax Officer, 8/1, Kurukku Street, Vs. Ward-2(5), Thirunagar Colony, Erode Rangasamudram, Sathyamangalam, Erode District, Tamilnadu – 638401. [Pan: Agzpl 5169J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथE की ओर से/ Appellant By : Shri T. Banusekar, Advocate GhथE की ओर से /Respondent By : Shri P.Sajit Kumar, Jcit सुनवाई की तारीख/Date Of Hearing : 05.06.2024 घोषणा की तारीख /Date Of Pronouncement : 05.06.2024 आदेश / O R D E R Per Jagadish, A.M : Aforesaid Appeal Filed By The Assessee Is Against The Order Of Learned Commissioner Of Income Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [Hereinafter “Cit(A)”] Dated 20.11.2023 In The Matter Of Assessment Framed By Ld. Assessing Officer [Ao] U/S.143(3) R.W.S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”) On 11.11.2019. :- 2 -:

For Appellant: Shri T. Banusekar, AdvocateFor Respondent: Shri P.Sajit Kumar, JCIT
Section 143(3)Section 148Section 69

agreement. The A.O therefore, added the balance amount of Rs.71,32,000/- u/s. 69 of the Act as unexplained investment. 3. On appeal, the Ld. CIT(A) has confirmed the addition as the assessee has not furnished any evidence and material in support of her contention that the actual sale

Syed Gulam Mohiuddin, Hyderabad vs. ITO, International Taxation-1, Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 136/HYD/2023[2017-18]Status: DisposedITAT Hyderabad03 Jun 2024AY 2017-18

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita No.136/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2017-18) Shri Syed Gulam Vs. Income Tax Officer Mohiuddin (International Taxation)-1 Hyderabad Hyderabad Pan:Decpm0365H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shiva Sewak, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 16/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Assessee Is Directed Against The Assessment Order Dated 12.01.2023 Of The Learned Assessing Officer (International Taxation-1), Hyderabad, Relating To A.Y.2017-18. 2. The Grounds Raised By The Assessee Read As Under: “1. The Final Assessment Order Passed By The Income Tax Officer (Int Taxn)-1,Hyd (Herein After Referred To As 'Ao) Is Erroneous Both On Facts & In Law To The Extent The Order Is Prejudicial To The Interest Of The Appellant.

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Shiva Sewak, CIT(DR)
Section 147Section 148Section 148(2)Section 151Section 69

which is incorrect and against the principles of natural justice. 8. The Ld. A.O made an addition of Rs. 22,00,000/- as unexplained Investment u/s 69 without appreciating the facts of the case which is incorrect and bad in law. 9. The Ld. A.O erred in making a huge ... making a huge addition of Rs. 22,00,000/- without 16. having any documentary and corroborative evidence especially u/s 69 as unexplained investment which is baseless. 17. The Ld. A.O ought to have appreciated the fact that the assessee is a nonresident salaried employee and has explained the source

Deputy Commissioner of Inome Tax, Central Circle-2(1), Hyderabad vs. Nama Seetaiah, Hyderabad

In the result, appeals filed by the assessee for the A

ITA 454/HYD/2021[2011-12]Status: DisposedITAT Hyderabad03 Jun 2024AY 2011-12

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1523/Hyd/2019 & 393/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2010-11 & 2011-12) Shri Nama Seetaiah Vs. Dy. C. I. T. Hyderabad Central Circle 3(2) Pan:Aaupn8501F Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.454/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2011-12) Dy. C. I. T. Vs. Shri Nama Seetaiah Central Circle 2(1) Hyderabad Hyderabad Pan:Aaupn8501F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 14/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order Per Manjunatha, G. A.M These Cross Appeals Filed By The Assessee, As Well As The Revenue Are Directed Against, The Separate But Identical Orders Of The Learned Cit (A) 12 Hyderabad Even Dated 22.08.2019

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 132

Nama Seetaiah remand report of the Assessing Officer allowed partial relief in respect of addition made by the Assessing Officer towards unexplained investment in purchase of property and out of the total addition made by the Assessing Officer of Rs.7,00,24,360/-, he has sustained the addition ... consideration from Ground Nos 7 to 11 of the assessee’s appeal and Ground No.2 of the Revenue appeal is towards the addition of unexplained investment for purchase of flats in Delhi. 19. The learned Counsel for the assessee submitted that the learned CIT (A) although allowed partial relief

Nama Seetaiah, Hyderabad vs. Deputy Commissioner of Income Tax, Central Circle-3(2), Hyderabad

In the result, appeals filed by the assessee for the A

ITA 393/HYD/2021[2011-12]Status: DisposedITAT Hyderabad03 Jun 2024AY 2011-12

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1523/Hyd/2019 & 393/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2010-11 & 2011-12) Shri Nama Seetaiah Vs. Dy. C. I. T. Hyderabad Central Circle 3(2) Pan:Aaupn8501F Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.454/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2011-12) Dy. C. I. T. Vs. Shri Nama Seetaiah Central Circle 2(1) Hyderabad Hyderabad Pan:Aaupn8501F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 14/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order Per Manjunatha, G. A.M These Cross Appeals Filed By The Assessee, As Well As The Revenue Are Directed Against, The Separate But Identical Orders Of The Learned Cit (A) 12 Hyderabad Even Dated 22.08.2019

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 132

Nama Seetaiah remand report of the Assessing Officer allowed partial relief in respect of addition made by the Assessing Officer towards unexplained investment in purchase of property and out of the total addition made by the Assessing Officer of Rs.7,00,24,360/-, he has sustained the addition ... consideration from Ground Nos 7 to 11 of the assessee’s appeal and Ground No.2 of the Revenue appeal is towards the addition of unexplained investment for purchase of flats in Delhi. 19. The learned Counsel for the assessee submitted that the learned CIT (A) although allowed partial relief

Nama Seetaiah, Hyderabad vs. Dy. Commissioner of Income Tax, Central Circle-3, Hyderabad

In the result, appeals filed by the assessee for the A

ITA 1523/HYD/2019[2010-11]Status: DisposedITAT Hyderabad03 Jun 2024AY 2010-11

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1523/Hyd/2019 & 393/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2010-11 & 2011-12) Shri Nama Seetaiah Vs. Dy. C. I. T. Hyderabad Central Circle 3(2) Pan:Aaupn8501F Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.454/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2011-12) Dy. C. I. T. Vs. Shri Nama Seetaiah Central Circle 2(1) Hyderabad Hyderabad Pan:Aaupn8501F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 14/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order Per Manjunatha, G. A.M These Cross Appeals Filed By The Assessee, As Well As The Revenue Are Directed Against, The Separate But Identical Orders Of The Learned Cit (A) 12 Hyderabad Even Dated 22.08.2019

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 132

Nama Seetaiah remand report of the Assessing Officer allowed partial relief in respect of addition made by the Assessing Officer towards unexplained investment in purchase of property and out of the total addition made by the Assessing Officer of Rs.7,00,24,360/-, he has sustained the addition ... consideration from Ground Nos 7 to 11 of the assessee’s appeal and Ground No.2 of the Revenue appeal is towards the addition of unexplained investment for purchase of flats in Delhi. 19. The learned Counsel for the assessee submitted that the learned CIT (A) although allowed partial relief

Fatichand Rameshlal, Salem vs. ITO, Ward-1(4), Salem

The appeal stands allowed in terms of our above order

ITA 898/CHNY/2023[2017-18]Status: DisposedITAT Chennai03 Jun 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.897/Chny/2023 (िनधा9रणवष9 / Assessment Year: 2017-18) Shri Rameshlal Kailash Ito बनाम/ 1F, Rajaji Road, Ward -1(4) Vs. Salem-636 007. Salem. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aekpk-0380-F (अपीलाथ"/Appellant) : (" थ" / Respondent) & आयकरअपील सं./ Ita No.898/Chny/2023 (िनधा9रणवष9 / Assessment Year: 2017-18) Shri Fatichand Rameshlal Ito बनाम/ 1F, Rajaji Road, Ward -1(4) Vs. Salem-636 007. Salem. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acfpr-4254-C (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri N. Arjunraj (Ca) - Ld. Ar " थ"कीओरसे/Respondent By : Shri Ar V Sreenivasan (Addl.Cit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 01-05-2024 घोषणा की तारीख /Date Of Pronouncement : 03-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri N. Arjunraj (CA) - Ld. ARFor Respondent: Shri AR V Sreenivasan (Addl.CIT)-Ld. Sr. DR
Section 133ASection 143(3)

stock-in-trade in the business of money lending business. The assessee quoted various case laws to support the submissions holding that where unexplained investment found during survey was part and parcel of stocks of regular business then income arising therefrom would be business income ... books of accounts. It was thus held that stock could not come in from vacuum. Therefore, the excess stock was held to be unexplained investment. However, in the present case, there is corresponding credit to partners’ capital account. Therefore, this case law is distinguishable on facts. 5. In the result

Rameshlal Kailash, Salem vs. ITO, Ward-1(4), Salem

The appeal stands allowed in terms of our above order

ITA 897/CHNY/2023[2017-18]Status: DisposedITAT Chennai03 Jun 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.897/Chny/2023 (िनधा9रणवष9 / Assessment Year: 2017-18) Shri Rameshlal Kailash Ito बनाम/ 1F, Rajaji Road, Ward -1(4) Vs. Salem-636 007. Salem. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aekpk-0380-F (अपीलाथ"/Appellant) : (" थ" / Respondent) & आयकरअपील सं./ Ita No.898/Chny/2023 (िनधा9रणवष9 / Assessment Year: 2017-18) Shri Fatichand Rameshlal Ito बनाम/ 1F, Rajaji Road, Ward -1(4) Vs. Salem-636 007. Salem. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acfpr-4254-C (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri N. Arjunraj (Ca) - Ld. Ar " थ"कीओरसे/Respondent By : Shri Ar V Sreenivasan (Addl.Cit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 01-05-2024 घोषणा की तारीख /Date Of Pronouncement : 03-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri N. Arjunraj (CA) - Ld. ARFor Respondent: Shri AR V Sreenivasan (Addl.CIT)-Ld. Sr. DR
Section 133ASection 143(3)

stock-in-trade in the business of money lending business. The assessee quoted various case laws to support the submissions holding that where unexplained investment found during survey was part and parcel of stocks of regular business then income arising therefrom would be business income ... books of accounts. It was thus held that stock could not come in from vacuum. Therefore, the excess stock was held to be unexplained investment. However, in the present case, there is corresponding credit to partners’ capital account. Therefore, this case law is distinguishable on facts. 5. In the result