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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

Varatharaj Venugopal, Tirupur vs. ITO, Ward-1(1), Tirupur

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

ITA 1058/CHNY/2025[2018-19]Status: DisposedITAT Chennai10 Jul 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1058/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Varatharaj Venugopal, Vs. The Income Tax Officer, 13, Thiruvalluvar Nagar 4Th St., Ward 1(1), Nesavalar Colony, East P.N. Road, Tiruppur. Tirupur 641 602. [Pan:Aylpv5231F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Raghavan, Advocate (Virtual) For Shri R.C. Sachin, C.A. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 02.07.2025 घोषणा की तारीख /Date Of Pronouncement : 10.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 2. The Assessee Raised 2 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Addition Made By The Assessing Officer

For Appellant: Shri Raghavan, Advocate (virtual) for Shri R.C. Sachin, C.AFor Respondent: Ms. R. Anita, Addl. CIT
Section 144Section 147Section 148Section 148ASection 69

r.w.s. 144B of the Act by treating the investment made in purchase of immovable property at 3 I.T.A. No.1058/Chny/25 ₹.33,00,000/- as unexplained investment under section 69 of the Act and added to the total income of the assessee. On appeal, the ld. CIT(A) dismissed the appeal ... Officer completed the assessment under section 147 r.w.s. 144B of the Act by treating the purchase of immovable property at ₹.33,00,000/- as unexplained investment under section 69 of the Act in the absence of any documentary evidence brought on record. However, before the first appellate authority, the assessee

Deputy Commissioner of Income Tax, Chennai vs. Chinnarasu Veeramani, Jolarpet

In the result, all the appeals stand dismissed

ITA 3319/CHNY/2024[2017-18]Status: DisposedITAT Chennai08 Jul 2025AY 2017-18

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.3317/Chny/2024 (िनधा(रण वष( / Assessment Year: 2015-16) & 2. आयकरअपील सं. / Ita No.3318/Chny/2024 (िनधा(रण वष( / Assessment Year: 2016-17) & 3. आयकरअपील सं. / Ita No.3319/Chny/2024 (िनधा(रण वष( / Assessment Year: 2017-18) Dcit Shri Chinnarasu Veeramani बनाम/ Central Circle-2(4), 43A, Gandhi Road, Edayampatti Chennai. Chonnaakodiyur Village, Vs. Jolarpet-638 851 (Tn) "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adkpv-3559-J (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" की ओर से/ Appellant By : Shri Shiva Srinivas (Cit) – Ld. Dr " थ" की ओर से/Respondent By : Shri B. Ramakrishna (Fca) & Shri Shrenik Chordia (Ca) – Ld. Ars सुनवाई की तारीख/Date Of Hearing : 01-05-2025 घोषणा की तारीख /Date Of Pronouncement : 08-07-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Years (Ay) 2015- 16, 2016-17 & 2017-18 Have Identical Facts. First, We Take Up Appeal For Ay 2015-16 Which Arises Out Of An Order Passed By Ld. Commissioner Of Income Tax (Appeals), Chennai-19 [Cit(A)] On 17-10-

For Appellant: Shri Shiva Srinivas (CIT) – Ld. DRFor Respondent: Shri B. Ramakrishna (FCA) &
Section 132Section 139Section 153CSection 69

otherwise by rebutting evidence. 3. The Ld.CIT(A) erred in deleting addition of Rs.4,00,00,000/- to the total income on account of unexplained investment in immovable property u/s 69 of the Act based on additional documents and details requisitioned by him during the appellate proceedings without providing opportunity ... Rules 1962. 4. The Ld.CIT(A) erred in deleting addition of Rs.5,05,28,400/- to the total Income on account of unexplained investment in shares of M/s. Home Designers & Fabricators Pvt Ltd (HDFPL) on the ground that the AO has not brought any cogent and corroborative evidence without taking

Deputy Commissioner of Income Tax, Chennai vs. Chinnarasu Veeramani, Jolarpet

In the result, all the appeals stand dismissed

ITA 3318/CHNY/2024[2016-17]Status: DisposedITAT Chennai08 Jul 2025AY 2016-17

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.3317/Chny/2024 (िनधा(रण वष( / Assessment Year: 2015-16) & 2. आयकरअपील सं. / Ita No.3318/Chny/2024 (िनधा(रण वष( / Assessment Year: 2016-17) & 3. आयकरअपील सं. / Ita No.3319/Chny/2024 (िनधा(रण वष( / Assessment Year: 2017-18) Dcit Shri Chinnarasu Veeramani बनाम/ Central Circle-2(4), 43A, Gandhi Road, Edayampatti Chennai. Chonnaakodiyur Village, Vs. Jolarpet-638 851 (Tn) "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adkpv-3559-J (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" की ओर से/ Appellant By : Shri Shiva Srinivas (Cit) – Ld. Dr " थ" की ओर से/Respondent By : Shri B. Ramakrishna (Fca) & Shri Shrenik Chordia (Ca) – Ld. Ars सुनवाई की तारीख/Date Of Hearing : 01-05-2025 घोषणा की तारीख /Date Of Pronouncement : 08-07-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Years (Ay) 2015- 16, 2016-17 & 2017-18 Have Identical Facts. First, We Take Up Appeal For Ay 2015-16 Which Arises Out Of An Order Passed By Ld. Commissioner Of Income Tax (Appeals), Chennai-19 [Cit(A)] On 17-10-

For Appellant: Shri Shiva Srinivas (CIT) – Ld. DRFor Respondent: Shri B. Ramakrishna (FCA) &
Section 132Section 139Section 153CSection 69

otherwise by rebutting evidence. 3. The Ld.CIT(A) erred in deleting addition of Rs.4,00,00,000/- to the total income on account of unexplained investment in immovable property u/s 69 of the Act based on additional documents and details requisitioned by him during the appellate proceedings without providing opportunity ... Rules 1962. 4. The Ld.CIT(A) erred in deleting addition of Rs.5,05,28,400/- to the total Income on account of unexplained investment in shares of M/s. Home Designers & Fabricators Pvt Ltd (HDFPL) on the ground that the AO has not brought any cogent and corroborative evidence without taking

Deputy Commissioner of Income Tax, Chennai vs. Chinnarasu Veeramani, Jolarpet

In the result, all the appeals stand dismissed

ITA 3317/CHNY/2024[2015-16]Status: DisposedITAT Chennai08 Jul 2025AY 2015-16

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.3317/Chny/2024 (िनधा(रण वष( / Assessment Year: 2015-16) & 2. आयकरअपील सं. / Ita No.3318/Chny/2024 (िनधा(रण वष( / Assessment Year: 2016-17) & 3. आयकरअपील सं. / Ita No.3319/Chny/2024 (िनधा(रण वष( / Assessment Year: 2017-18) Dcit Shri Chinnarasu Veeramani बनाम/ Central Circle-2(4), 43A, Gandhi Road, Edayampatti Chennai. Chonnaakodiyur Village, Vs. Jolarpet-638 851 (Tn) "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adkpv-3559-J (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" की ओर से/ Appellant By : Shri Shiva Srinivas (Cit) – Ld. Dr " थ" की ओर से/Respondent By : Shri B. Ramakrishna (Fca) & Shri Shrenik Chordia (Ca) – Ld. Ars सुनवाई की तारीख/Date Of Hearing : 01-05-2025 घोषणा की तारीख /Date Of Pronouncement : 08-07-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Years (Ay) 2015- 16, 2016-17 & 2017-18 Have Identical Facts. First, We Take Up Appeal For Ay 2015-16 Which Arises Out Of An Order Passed By Ld. Commissioner Of Income Tax (Appeals), Chennai-19 [Cit(A)] On 17-10-

For Appellant: Shri Shiva Srinivas (CIT) – Ld. DRFor Respondent: Shri B. Ramakrishna (FCA) &
Section 132Section 139Section 153CSection 69

otherwise by rebutting evidence. 3. The Ld.CIT(A) erred in deleting addition of Rs.4,00,00,000/- to the total income on account of unexplained investment in immovable property u/s 69 of the Act based on additional documents and details requisitioned by him during the appellate proceedings without providing opportunity ... Rules 1962. 4. The Ld.CIT(A) erred in deleting addition of Rs.5,05,28,400/- to the total Income on account of unexplained investment in shares of M/s. Home Designers & Fabricators Pvt Ltd (HDFPL) on the ground that the AO has not brought any cogent and corroborative evidence without taking

Gauri Shankar Saboo, Ranchi vs. ACIT, Central Circle-1, Ranchi

In the result, the appeal of the assessee is allowed

ITA 18/RAN/2024[2018-2019]Status: DisposedITAT Ranchi07 Jul 2025AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.18/Ran/2024 Assessment Year: 2018-19 Gauri Shankar Saboo…….……...................…...........................……….……Appellant Poddar Bagan, Harmu Road, Jharkhand-834001. [Pan: Adaps2140Q] Vs. Acit, Central Circle-1, Ranchi..…..….…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar & R. R. Mittal, Ar, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 26, 2025 Date Of Pronouncing The Order : July 07, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 20.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For A.Y 2018-19 By Declaring Total Income Of Rs.69,06,220/- & The Return Was Processed U/S 143(1) Of The Act. In The Case Of The Assessee, There Was Survey/S 133A Was Conducted On 30.01.2018 & The Assessment Was Reopened U/S 148 Of The Act On The Issue Of Difference Of Stock Found During The Search Of 63,71,988/-. During The Search, The Assessee Offered Rs.50,00,000/- Which Was Later Revised To Rs.58,16,500/- & The Same Was Duly Reflected In The P&L A/C. However, The Assessing Officer Noted That The Disclosure Vis-À-Vis A

Section 143(1)Section 148Section 250Section 69A

that the disclosure vis-à-vis a I.T.A. No.18/Ran/2024 Gauri Shankar Saboo significant difference computed during the survey and accordingly treated the same as unexplained investment u/s 69A of the Act. 3. Dissatisfied with the above order, the assessee preferred an appeal before the ld. CIT(A) where ... separately or independently found which is the part of regular business stock and were almost disclosed stock. Therefore, it was not the case of unexplained investment u/s 69A of the Act as no unexplained undisclosed asset was found. The ld. AR stressed on the fact that two provisions cannot

Sh. Ambrish Sharma Prop. M/S Punjab Handloom, Ludhiana vs. DCIT, CC-2, Ludhiana

In the result, appeal of the Assessee is allowed

ITA 461/CHANDI/2023[2019-20]Status: DisposedITAT Chandigarh07 Jul 2025AY 2019-20

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY, AM आयकर अपील सं. / ITA No. 461/Chd/2023 निर्धारण वर्ष / Assessment Year : 2019-20 Shri Ambrish Sharma, Prop. M/s Punjab Handloom, Near Petrol Pump, Link Road, Ludhiana-141003, Punjab बनाम The DCIT Central Circle-2, Ludhiana स्थायी लेखा सं./PAN NO: AYVPS7324Q अपीलार्थी/Appellant प्रत्यर्थी/Respondent निर्धारिती की ओर से / Assessee by : Shri Sudhir Sehgal, Advocate राजस्व की ओर से / Revenue by : Shri Vivek Vardhan, Addl. CIT, Sr. DR स

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Vivek Vardhan, Addl. CIT, Sr. DR
Section 115BSection 68Section 69ASection 69B

surrendered certain amount on account of addition made to factory building Assessing Officer was of view that said amount was to be considered as unexplained investment under section 69B and was subject to taxation as per provisions of section 115BBE - It was noted that assessee had treated said surrendered amount ... surrendered excess stock, cash and receivables, stating that same was to be taxed as business income – Assessing Officer, however, treated said surrendered amount as unexplained investment under sections 69A and 69B and charged same to tax asper provisions of section 115BBE - Whether since during survey proceedings, assesse was confronted