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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

Mritunjay Kumar Singh, Ranchi vs. Income Tax Officer Ward W2(2), Ranchi

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 32/RAN/2024[2017-18]Status: DisposedITAT Ranchi21 Aug 2025AY 2017-18

Bench: Before Shri George Mathan & Shri Ratnesh Nandan Sahayratnesh Nandan Sahayratnesh Nandan Sahayassessment Year : 2017-18 Mritunjay Kumar Singh, Mritunjay Kumar Singh, Vs. Income Tax Officer, Income Tax Officer, Mansi Mansi Niketan, Niketan, Opp Opp- Ward-2(2), 2(2), Pratibha Apt., South Office Pratibha Apt., South Office Ranchi. Para Doranda, Ranchi. Para Doranda, Ranchi. Pan/Gir No. Pan/Gir No.Akpps 1707 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Abhishek S. Sinha, Ar With Ms. Astha, Ar Ar With Ms. Astha, Ar Revenue By : Shri Khubchand T Pandya, Khubchand T Pandya, Sr.Dr Date Of Hearing : 21/08 08/2025 Date Of Pronouncement : 21/08 /08/2025 O R D E R Per: Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Cit(A), Nfac, Nfac, Delhi Delhi Dated Dated 01/01/2024 In Appeal No. Cit(A),Ranchi Ranchi/10710/2019-20 For The Assessment Year For The Assessment Year 2017-18. 2. Shri Abhishek S. Sinha With Ms. Astha Abhishek S. Sinha With Ms. Astha, Ld Ar Ld Ars Appeared For The Assessee. Assessee. Shri Shri Khubchand T Pandya, Ld Sr. Dr Represented On Behalf Of Represented On Behalf Of The Revenue.

For Appellant: Shri Abhishek S. Sinha, AR with Ms. Astha, ARFor Respondent: Shri Khubchand T Pandya
Section 143(3)

submission that the Assessing Officer has passed assessment under Section 143(3) of the Act may making addition on account of unexplained investment. The ld. AR prayed that one more opportunity be granted to the assessee to represent his case before the AO as during the assessment proceedings also

Deputy Commissioner of Income Tax, Chennai vs. Sujai Anand Reddy, Chennai

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

ITA 617/CHNY/2025[2019-20]Status: DisposedITAT Chennai19 Aug 2025AY 2019-20

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.617/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 The Deputy Commissioner Of Vs. Sujai Anand Reddy, No. 4, 10Th Street, Nandanam, Income Tax, Central Circle 2(3), Chennai 600 035. Chennai. [Pan: Aakps5124P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. E. Pavuna Sundari, Cit ""थ" की ओर से/Respondent By : Shri K. Mohan Das, Ca सुनवाई की तारीख/ Date Of Hearing : 08.07.2025 घोषणा की तारीख /Date Of Pronouncement : 19.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 11.12.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) – 19, Chennai, For The Assessment Year 2019-20. 2. The Appellant-Revenue Raised 6 Grounds Of Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Deleting The Addition Made By The Assessing Officer In The Facts & Circumstances Of The Case.

For Appellant: Ms. E. Pavuna Sundari, CITFor Respondent: Shri K. Mohan Das, CA
Section 132Section 142(1)Section 143(3)Section 153ASection 69

while making addition in the hands of the appellant is not appropriate. 6.3.13 Further the provisions of Section 69 of the Act pertain to unexplained investments. For an addition under this section, the AO must conclusively establish that the appellant made an investment that remains unexplained. In this case ... Pavuna Sundari, CIT submits that the ld. CIT(A) erred in deleting the addition made on account of unexplained investment based on material seized from the premises of Shri Kirthivasan on the ground that the Assessing Officer failed to produce corroborative evidence to link the assessee to the entries, without

Bharatkumar Rajashree, Bengaluru vs. Income Tax Officer, Ward-7(2)(1), Bangalore

In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above

ITA 1279/BANG/2025[2016-17]Status: DisposedITAT Bangalore19 Aug 2025AY 2016-17

Bench: Dr. Dipak P. Ripote & Shri Prakash Chand Yadavassessment Year: 2016-17 Smt. Bharatkumar Rajashree, Income Tax Officer, C/O. M/S. Travenza Holidays, No. Ward-7(2)(1), 180/A, 16Th Main 4Th ‘T’ Block, Bengaluru. Jayanagar, Vs. Bengaluru-560041. Pan No : Auopr4145D Appellant Respondent Appellant By : Sri Madhusudhan, Advocate Respondent By : Sri Ganesh R Ghale, Advocate-Standing Counsel For Revenue Date Of Hearing : 18.08.2025 Date Of Pronouncement : 19.08.2025 O R D E R Per Dr. Dipak P. Ripote: This Appeal Filed By Smt. Bharatkumar Rajashree Against The Order Of The Learned Cit(Appeals) (Nfac) Passed U/S. 250 Of The Income Tax Act, 1961 (In Short “The Act”) For Asst Year 2016-17 On 05/03/2025 Emanating From Assessment Order Dated 22/12/2018 Passed U/S. 143(3) Of The Act. 2. The Assessee Has Raised 11 Grounds Of Appeal Which Are Argumentative In Nature & Mainly They Revolve Around The Decision Of The Ld. Cit(A)’S In Confirming The Addition Of Rs. 33,45,000/- (Being 1/3Rd Of The Entire Amount For Being Joint Holder

For Appellant: Sri Madhusudhan, Advocate
Section 143(3)Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)Section 68

providing as to why the amount of Rs. 1,00,35,000/- deposited in the above said bank account should not be considered as unexplained investment U/s 68 of the Act. Hence, the addition of Rs. 33,45,000/- (1/3rd of the entire amount for being joint holder