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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

Erothi Purnima Rani, Visakhapatnam vs. Income Tax Officer, Ward-4(1), Visakhapatnam

In the result, appeal filed by the assessee is allowed

ITA 185/VIZ/2023[2009-10]Status: DisposedITAT Visakhapatnam22 Aug 2025AY 2009-10

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआईटीए. नं. / Ita No. 184/Viz/2023 निर्धारण वर्ा/ Assessment Year:2009-10) Erothi Latha Rani V. Income Tax Officer – Ward – 4(1) D.No. 34-10-1/B Income Tax Office Daya’S Street, Gnanapuram Pratyakshakar Bhavan Visakhapatnam – 530004 M.V.P. Double Road Andhra Pradesh Visakhapatnam – 530017 Andhra Pradesh [Pan:Aavpe7676H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आईटीए. नं. / Ita No. 185/Viz/2023 निर्धारण वर्ा/ Assessment Year:2009-10) Erothi Purnima Rani V. Income Tax Officer – Ward – 4(1) D.No. 34-10-1/B Income Tax Office Daya’S Street, Gnanapuram Pratyakshakar Bhavan Visakhapatnam – 530004 M.V.P. Double Road Andhra Pradesh Visakhapatnam – 530017 Andhra Pradesh [Pan:Aavpe7311H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Smt A. Aruna, Advocate राजस्व का प्रतततितित्व/ Department Represented By : Dr. Aparna Villuri, Sr.Ar

Section 143(2)Section 143(3)Section 147Section 148

considered it as not proved. Accordingly, Ld. AO proceeded to complete the assessment of the assessee by making addition of Rs.9,00,000/- as unexplained investment under section 69 of the Act in the hands of the assessee during the A.Y. 2009-10. 6. On being aggrieved by the order

Erothi Latha Rani, Visakhapatnam vs. Income Tax Officer, Ward-4(1), Visakhapatnam

In the result, appeal filed by the assessee is allowed

ITA 184/VIZ/2023[2009-10]Status: DisposedITAT Visakhapatnam22 Aug 2025AY 2009-10

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआईटीए. नं. / Ita No. 184/Viz/2023 निर्धारण वर्ा/ Assessment Year:2009-10) Erothi Latha Rani V. Income Tax Officer – Ward – 4(1) D.No. 34-10-1/B Income Tax Office Daya’S Street, Gnanapuram Pratyakshakar Bhavan Visakhapatnam – 530004 M.V.P. Double Road Andhra Pradesh Visakhapatnam – 530017 Andhra Pradesh [Pan:Aavpe7676H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आईटीए. नं. / Ita No. 185/Viz/2023 निर्धारण वर्ा/ Assessment Year:2009-10) Erothi Purnima Rani V. Income Tax Officer – Ward – 4(1) D.No. 34-10-1/B Income Tax Office Daya’S Street, Gnanapuram Pratyakshakar Bhavan Visakhapatnam – 530004 M.V.P. Double Road Andhra Pradesh Visakhapatnam – 530017 Andhra Pradesh [Pan:Aavpe7311H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Smt A. Aruna, Advocate राजस्व का प्रतततितित्व/ Department Represented By : Dr. Aparna Villuri, Sr.Ar

Section 143(2)Section 143(3)Section 147Section 148

considered it as not proved. Accordingly, Ld. AO proceeded to complete the assessment of the assessee by making addition of Rs.9,00,000/- as unexplained investment under section 69 of the Act in the hands of the assessee during the A.Y. 2009-10. 6. On being aggrieved by the order

Sucram Pharmaceuticals Pvt. Ltd., Chennai vs. ITO, Ncw-6(4), Chennai

In the result, the appeal filed by the assessee is dismissed

ITA 1022/CHNY/2025[2017-18]Status: DisposedITAT Chennai22 Aug 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1022/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Sucram Pharmaceuticals Private Vs. The Income Tax Officer, Limited, H-37-J, 2Nd Floor, Non Corporate Ward 6(4), Manthoppu Colony, Ashok Nagar, Chennai. Chennai 600 083. [Pan:Aakcs2196J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Lekha, Ca ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई की तारीख/ Date Of Hearing : 30.07.2025 घोषणा की तारीख /Date Of Pronouncement : 22.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-18. 2. Ground No.1 Raised By The Assessee Is General In Nature & Requires No Adjudication.

For Appellant: Ms. Lekha, CAFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 133(6)Section 142(1)(ii)Section 69

could not furnish any concrete evidence to prove the genuineness of the source for ₹.23,57,000/-, the Assessing Officer treated the same as unexplained investment under section 69 of the Act and added to the total income of the assessee. On appeal, the ld. CIT(A) confirmed the addition

Sunny Madhukar Bhagat, Mumbai vs. Assessing Officer, Kautilya Bhavan, Mumbai

In the result, appeal of the assessee is allowed as per our aforesaid

ITA 2450/MUM/2025[2011-12]Status: DisposedITAT Mumbai22 Aug 2025AY 2011-12

Bench: Shri Amit Shukla & Shri Arun Khodpiaआयकर अपील सं. / Ita No.2450/Mum/2025 निर्धारण वर्ष / Assessment Year :2011-12 Sunny Madhukar Bhagat A-303, Om Sai Chsl, Bldg. No.2, Tagore Nagar, Nr. Eastern Express Hwy Vikhroli E, Mumbai Pan: Anfpb5386E ........अपीलार्थी / Appellant बनाम / V/S. The Income Tax Officer, Ward-41(20) (5), Mumbai ......प्रत्यर्थी / Respondent Assessee By : Ms. Ankita Tarafdar, Ca Revenue By : Shri Aditya Rai, Sr. Dr सुनवाई की तारीख / Date Of Hearing :18.08.2025 घोषणा की तारीख / Date Of Pronouncement : 22.08.2025 2 Sunny Madhukar Bhagat Vs. Ito, Ward-41(2)(5), Mumbai

For Appellant: Ms. Ankita Tarafdar, CAFor Respondent: Shri Aditya Rai, Sr. DR

assessee had failed to explain the source of the said investment, the A.O treated the said amount of Rs.40,00,000/- as unexplained investment and made addition of the same u/s.69 of the ACT. 8. Aggrieved with the aforesaid order, the assessee preferred an appeal before the Ld. CIT(Appeals ... Further, appellant has stated that AO has wrongly and arbitrarily made addition of Rs.40 lacs u/s.69 of the IT Act, 1961 on account of unexplained investment in the immovable property purchased by the appellant on 01.10.2018. Despite the fact that property had been purchased out of savings and borrowings made