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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

Saadnakari Hazarathaiah, Hyderabad vs. ITO., Ward-1, Proddatur

In the result the appeal of the assessee is allowed

ITA 660/HYD/2025[2010-11]Status: DisposedITAT Hyderabad10 Oct 2025AY 2010-11

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.660/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2010-11) Shri Sadnakari Hazarathaiah, Income Tax Officer, Vs. Hyderabad. Ward-1, Pan: Adfph7103R Proddatur. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri C. Maheshwar Reddy, C.A. रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 08/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 29.11.2023

For Appellant: Shri C. Maheshwar Reddy, C.AFor Respondent: Shri Kumar Aditya, DR
Section 145Section 147Section 250Section 68

came into light during the course of appellate proceedings of one Mr. S.K. Ramthulla, the Assessing Officer formed an opinion that the assessee made unexplained investment of Rs.32,60,000/-. Accordingly, the Assessing Officer formed opinion that income had escaped tax. Therefore, notice u/s.147 of the Act was issued ... book results. In original assessment no other addition was made. In the reopening of assessment, the Assessing Officer made addition on account of unexplained investment, etc. it is now settled law that the Assessing Officer having rejected the book results cannot make any other additions. 6.2 Following the precedence

Venkata Subba Reddy Karnati, Hyderabad vs. ITO., Ward-1, Proddatur

In the result the appeal of the assessee is allowed

ITA 637/HYD/2025[2010-11]Status: DisposedITAT Hyderabad10 Oct 2025AY 2010-11

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.637/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2010-11) Shri Venkata Subba Reddy Income Tax Officer, Vs. Karnati, Ward-1, Hyderabad. Proddatur. Pan:Ahjpv4271E (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri C. Maheshwar Reddy, C.A. रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 08/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 07.09.2023

For Appellant: Shri C. Maheshwar Reddy, C.AFor Respondent: Shri Kumar Aditya, DR
Section 145Section 147Section 250Section 68

came into light during the course of appellate proceedings of one Mr. S.K. Ramthulla, the Assessing Officer formed an opinion that the assessee made unexplained investment of Rs.31,55,000/-. Accordingly, the Assessing Officer formed opinion that income had escaped tax. Therefore, notice u/s.147 of the Act was issued ... book results. In original assessment no other addition was made. In the reopening of assessment, the Assessing Officer made addition on account of unexplained investment, etc. it is now settled law that the Assessing Officer having rejected the book results cannot make any other additions. 6.2 Following the precedence

Aare Venkata Ramanaiah, Hyderabad vs. ITO., Ward-1, Proddatur

In the result the appeal of the assessee is allowed

ITA 633/HYD/2025[2010-11]Status: DisposedITAT Hyderabad10 Oct 2025AY 2010-11

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.633/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2010-11) Shri Aare Venkata Ramanaiah, Income Tax Officer, Vs. Hyderabad. Ward-1, Pan: Aoopr0993M Proddatur. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri C. Maheshwar Reddy, C.A. रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 08/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 10.01.2024

For Appellant: Shri C. Maheshwar Reddy, C.AFor Respondent: Shri Kumar Aditya, DR
Section 145Section 147Section 250Section 68

came into light during the course of appellate proceedings of one Mr. S.K. Ramthulla, the Assessing Officer formed an opinion that the assessee made unexplained investment of Rs.18,50,000/-. Accordingly, the Assessing Officer formed opinion that income had escaped tax. Therefore, notice u/s.147 of the Act was issued ... liquor at 5%. In original assessment no other addition was made. In the reopening of assessment, the Assessing Officer made addition on account of unexplained investment, etc. it is now settled law that the Assessing Officer having rejected the book results cannot make any other additions. 6.2 Following the precedence

Shyamprasad Reddy Gaddam, Hyderabad vs. DCIT., Central Circle-3(3), Hyderabad

In the result, the appeal filed by the assessee is allowed in terms of our aforesaid observations

ITA 196/HYD/2024[2014-15]Status: DisposedITAT Hyderabad10 Oct 2025AY 2014-15

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No. 196/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2014-15) Shyamprasad Reddy Vs. Dcit, Gaddam, Central Circle-3(3), Hyderabad. Hyderabad. Pan: Aetpg9117P (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Sri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By: Sri Gurpreet Singh, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 06/10/2025 घोषणा की तारीख/Date Of 10/10/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income-Tax (Appeals)- 11, Hyderabad, Dated 02/02/2004, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 144 R.W.S 153A Of The Income Tax Act, 1961 (For Short, “Act”), Dated 12/12/2019 For The Assessment Year 2014-15. 2 Shyamprasad Reddy Gaddam Vs. Dcit

For Appellant: Sri P. Murali Mohan Rao, CAFor Respondent: Sri Gurpreet Singh, Sr. AR
Section 132Section 132(4)Section 144Section 153ASection 250Section 68Section 69Section 69A

facts and circumstances of the case and in law, the Ld. CIT(A) erred in not giving telescoping effect towards the unexplained investments/ expenditure, against the unexplained credits in the group related concerns of the earlier or current years. 12. The assessee may add, alter, or modify or substitute ... dated 12/12/2019, determined the income of the assessee at Rs. 36,14,47,165/-, i.e., after making three additions viz., (i) unexplained investment U/s. 69 of the Act (as admitted in the course of the search proceedings): Rs. 35,16,93,754/-; (ii) unexplained investment towards stamp duty and other

Nitaben Girishbhai Patel, Ahmedabad vs. The ITO, Ward-3(3)(2), Ahmedabad

In the result, while upholding the validity of reopening, we set aside the ex parte order of the CIT(A) on merits and restore the matter to his file for fresh adjudication in accordance with law

ITA 1560/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad09 Oct 2025AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V.Mahadeokarasstt.Year : 2017-18 Nitaben Girishbhai Patel The Ito, Ward-3(3)(2) 33/B, Swi Park, Private Plot Vejalpur Madhuvrund Society Ahmedabad. Ghatlodiya, Ahmedabad. Pan : Aappp 5738 F (Applicant) (Responent) : Shri Parimalsinh B. Parmar, Ar Assessee By : Shri B.P. Srivastava, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 06/10/2025 घोषणा क" तारीख /Date Of Pronouncement: 09/10/2025 आदेश आदेश/O R D E R आदेश आदेश

For Appellant: Shri B.P. Srivastava, Sr.DR
Section 144BSection 147Section 148Section 271ASection 69A

part of the investment (30% being Rs. 5,90,605/-) as explained, the AO treated the balance amount of Rs. 13,78,078/- as unexplained investment under section 69A of the Act. Consequently, the total income was assessed at Rs. 83,38,658/- as against the returned income of Rs.69 ... reassessment order, the AO has not made any addition on that footing but has instead made addition of Rs.13,78,078/- u/s 69A towards unexplained investment. Thus, the addition ultimately made has no nexus with the reasons recorded, rendering the reassessment proceedings bad in law. Reliance was placed on various

Anandarao Kota, Hyderabad vs. ITO., Ward-9(1), Hyderabad

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

ITA 238/HYD/2025[2015-16]Status: DisposedITAT Hyderabad09 Oct 2025AY 2015-16

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.238/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2015-16) Shri Anandarao Kota, Income Tax Officer, Vs. Hyderabad. Ward 9(1), Pan: Cvopk0669Q Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: None. रधजस् व द्वधरध/Revenue By: Dr. Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 06/10/2025 घोर्णध की तधरीख/Pronouncement: 09/10/2025 आदेश/Order This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 27.07.2024 For Assessment Year (Ay) 2015-16. 2. Brief Facts Of The Case Are That The Assessee Is That The Assessee Is An Individual, No Regular Return Of Income U/S.139 Of The Income Tax Act, 1961 ("The Act") Was Filed For The A.Y. 2015-16. The Assessing Officer Based On The Information That The Assessee Made Cash Deposits Of Rs.1,03,97,300/- In The Savings Bank Account Formed Opinion That The Income Had Escaped Assessment

For Appellant: NoneFor Respondent: Dr. Sachin Kumar, DR
Section 139Section 142(1)Section 147Section 148Section 282(1)

addition on account of business income of Rs.9,55,657/-, made addition of Rs.3,04,934/-, made addition of FD of Rs.25,000/- as unexplained investment and interest income earned of Rs.18,068/-. 3. Being aggrieved by the order of Assessing Officer, the assessee filed an appeal before