← All Phrases

“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

Jiten Kishore Ajmera (Legal Heir of Late Shri Kishore H. Ajmera), Mumbai vs. ITO Ward 25(1)(1), Mumbai

In the result, the Assessee's appeal is allowed for statistical purposes

ITA 4843/MUM/2025[2014-15]Status: DisposedITAT Mumbai15 Sept 2025AY 2014-15

Bench: Shri Narender Kumar Choudhryassessment Year: 2014-15 Mr. Jiten Kishore Ajmera Ito Ward 25(1)(1), (Legal Heir Of Late Shri Kautilya Bhavan, Kishore H. Ajmera), Bandra Kurla Complex, Vs. 4Th Floor, Ajmera House, Bandra (East), Lt Marg, Pathakwadi, Mumbai - 400051 Mumbai – 400 002 Pan: Agppa2452B (Appellant) (Respondent) Present For: Assessee By : Shri Prashant Ghumare, Ld. A.R. Revenue By : Shri Pradipsinh Saktavat, Ld. Sr.D.R. Date Of Hearing : 15.09.2025 Date Of Pronouncement : 15.09.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 13.06.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Appeals) Addl/Jcit (In Short Ld. Commissioner) U/S 250 R.W.S 254 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2014-15. 2. In The Instant Case, Despite Of Affording Various Opportunities In The Appellate Proceedings Initiated Against The Assessment Order Dated 11.03.2016 U/S 143(3) Of The Act, Whereby The Assessing Officer (Ao) Made The Addition Of Rs.22,34,538/- Being Unexplained Investment In Jewellery, The Assessee Made No Compliance And/Or Filed No Submissions/Documents. Therefore, The Assessee Is Not Entitled For Any Leniency.

For Appellant: Shri Prashant Ghumare, Ld. A.RFor Respondent: Shri Pradipsinh Saktavat, Ld. Sr.D.R
Section 143(3)Section 250Section 251(1)(a)Section 251(2)

assessment order dated 11.03.2016 u/s 143(3) of the Act, whereby the Assessing Officer (AO) made the addition of Rs.22,34,538/- being unexplained investment in jewellery, the Assessee made no compliance and/or filed no submissions/documents. Therefore, the Assessee is not entitled for any leniency. 2 Mr. Jiten Kishore Ajmera

Ratan Shaw, Naihati vs. ITO, Ward 51(3), Kolkata

The appeal of the assessee is allowed

ITA 309/KOL/2025[2015-16]Status: DisposedITAT Kolkata12 Sept 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.309/Kol/2025 Assessment Year: 2015-16 Ratan Shaw………………….…………………....…………………....Appellant 15, L. N. Kabiraj Road, Gorifa, Naihati, Wb-743166. [Pan: Bvups8926H] Vs. Ito, Ward-51(3), Kolkata..……………....…..………………….…..... Respondent Appearances By: Shri Anil Kochar, Adv., Appeared On Behalf Of The Appellant. Shri Abhijit Adhikari, Jcit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 21, 2025 Date Of Pronouncing The Order : September 12, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (A), Chennai (Hereinafter Referred To As “Ld. Cit(A)”) Dated 22.11.2024 Passed Under Section 250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. At The Outset, It Is Noted That There Is A Delay Of 12 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication.

Section 143(3)Section 250Section 69

closing figure claimed. Considering the explanation and documents placed before us, we are of the view that the addition of Rs.19,90,210/- as unexplained investment is not justified. Accordingly, we direct the Assessing Officer to delete the addition of Rs.19