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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

Chetan Lachmandas Bhatia, Mumbai vs. ITO (It)-1(2)(1), Mumbai

In the result, the appeal filed by assessee is allowed partly for statistical purposes

ITA 386/MUM/2023[2014-15]Status: DisposedITAT Mumbai29 May 2023AY 2014-15

Bench: Shri Om Prakash Kant & Shri Narender Kumar Choudhrychetan Lachmandas Ito, Bhatia, C-309, 3Rd (International बनाम/ Floor, Atul Nagar Tower, Tax)-1(2)(1), Vs. Mathwadas, Ext. Road, Mumbai. Irani Wadi No.3, Kandivali West, Mumbai-400067. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aotpb9588F (""थ" / Respondent) (अपीलाथ"/Appellant) अपीलाथ" ओर से/ Appellant By : Ms. Chaitee Londhe, Ca ""थ" की ओर से/Respondentby: Shri Ram Prakash Rastogi, Sr.Ar सुनवाई की तारीख/ Date Of Hearing 17/05/2023 घोषणा की तारीख /Date Of Pronouncement 29/05/2023 आदेश / Order Per Om Prakash Kant- Am: This Appeal Filed By The Assessee Is Directed Against The Final Assessment Order Dated 13.12.2022 Passed By Ito, International Tax-1(2)(1), Mumbai ( In Short ‘ The Assessing Officer) For Assessment Year (“Ay”) 2014-15, Pursuant To The Direction Of Ld. Dispute Resolution Panel (“Drp”) Dated 28.11.2022. The Grounds Raised By The Assessee Alongwith Form No.36 Were Revised By The Assessee. The Revised Grounds Are Reproduced As Under:-

For Appellant: Ms. Chaitee Londhe, CAFor Respondent: Shri Ram Prakash Rastogi, Sr.AR
Section 147Section 148

erred in facts and in law in making an addition of Rs. 1,55,00,000/- to the returned income of the appellant, as unexplained investment, despite Rs.1,05,00,000 out of the same being fully explained by maturity proceeds of two fixed deposits. 2. The learned ... under the head “income from other sources”. In the draft assessment order issued on 28.02.2022, the Assessing Officer (“AO”) proposed three additions; firstly, unexplained investment in purchase of immovable property amounting to Rs.3,05,00,000/-; secondly, addition for unexplained cash credit in respect of deposit in Indusind Bank

M/S. Patel Ambalal Hargovandas & Co., Surat vs. The DCIT, Central Circle-2, Surat

In the results, appeal filed by Revenue (in IT(SS)A Nos

ITA 185/SRT/2022[2020-21]Status: DisposedITAT Surat26 May 2023AY 2020-21

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं/.It(Ss)A No.49/Srt/2022 Assessment Year: (2019-20) (Physical Hearing) The Acit, Central Circle-2, Vs. Rasikbhai Narottamdas Patel, Surat. Flat No.9-10, Mahavir Nagar Co.Op H.S. Ltd., Bldg-12, Nr. Gayatri Mandir, Udhna Magdalla Road, Surat – 395007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Adgpp4550M (Appellant) (Respondent) आयकर अपील सं/.It(Ss)A No.86/Srt/2022 Assessment Year: (2015-16) The Dcit, Central Circle-2, Vs. Ashish Karamshibhai Koshiya, Surat. 40, Jivandeep Soceity, Singanpor Road, Katargam, Surat, Gujarat – 395004. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Aojpk1118G (Appellant) (Respondent) आयकर अपील सं/.Ita No.185/Srt/2022 Assessment Year: (2020-21) M/S. Patel Ambalal Hargovandas Vs. The Dcit, Central Circle-2 & Co., Surat. 5/725, Haripura, Bhavaniwad, Opp. Dhobi Sheri, Surat – 395003. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Aadfp2517N (Appellant) (Respondent) Appellant By Shri Ashok B. Koli, Cit(Dr) Shri Vartik Choksi, Shri Biren Shah & Shri Respondent By Nitin Gheewala, Ar Date Of Hearing 26/04/2023 Date Of Pronouncement 26/05/2023 आदेश /O R D E R Per Bench:

Section 132Section 143(3)Section 292CSection 69C

appeal.” 28. Succinct facts qua the issue are that grounds raised by the assessee in this appeal are relating to addition towards unexplained investment in jewellery/other valuables found in the office of the assessee during the course of search. According to the assessing officer, the partners of the assessee firm ... Mahendrabhai Patel in their statements during the course of search stated that entire jewellery and valuables found during the course of search were unexplained investments of the assessee -firm. During the assessment proceedings, the assessee explained to the assessing officer that the said jewellery and valuables were received