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“unexplained money”

Cash Credits & Unexplained ItemsSection 69ASection 69A5,888 judgments

The decision most relied on for unexplained money is (Central)-1 v. NRA Iron & Steel (P) Ltd. (103 Taxmann.com 48), cited in 696 judgments on BharatTax.

Leading authorities on unexplained money

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd.
342 ITR 169 · 2012 · High Court
658
citing judgments

To make an addition under Section 68 for unexplained cash credits, the Assessing Officer must conduct proper inquiry into the identity, genuineness, and creditworthiness of the creditor, especially concerning share application money. The assessee's initial discharge of burden by providing necessary details shifts the onus back to the AO for further investigation, including the source of source.

Kale Khan Mohammad Hanif v. CIT
50 ITR 1 · 1963 · Supreme Court
581
citing judgments

The assessee bears the onus of proving the source and nature of any sum of money or receipt found to have been received by them. If the assessee fails to satisfactorily explain the receipt, the Income-tax Officer is entitled to treat it as taxable income.

Lalchand Bhagat Ambica Ram v. CIT
37 ITR 288 · 1959 · Supreme Court
570
citing judgments

Where an assessee maintains regular books of account, and these books are not rejected or found defective by the Assessing Officer, any cash deposits or available cash shown in the cash book, if sufficient to cover the transaction, cannot be treated as unexplained income or an addition under sections 68 or 69A.

CIT v. Daulat Ram Rawatmull
87 ITR 349 · 1973 · Supreme Court
525
citing judgments

The onus to prove that an apparent transaction or explanation is not real lies with the person who claims it to be so. If an assessee provides a plausible explanation for a transaction, the revenue must establish that the apparent transaction is not genuine.

Roshan Di Hatti v. CIT
107 ITR 938 · 1977 · Supreme Court
477
citing judgments

An assessee bears the onus to prove the identity, creditworthiness, and genuineness of any cash credit or transaction. If the assessee fails to discharge this burden with cogent evidence and explanation, the Assessing Officer is justified in making additions to their income, and no further burden lies on the revenue.

CIT v. Precision Finance Pvt. Ltd.
208 ITR 465 · 1994 · High Court
427
citing judgments

When an assessee seeks to explain a cash credit under Section 68, they must prove the identity of the creditors, their creditworthiness or capacity to advance money, and the genuineness of the transactions. The burden of proof is not discharged merely by filing confirmatory letters or demonstrating banking channel transactions.

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.

Judgments citing unexplained money

Seema Rani Bansal, Raikot vs. Income Tax Officer, Ward - 1, Raikot

The appeal stand partly allowed

ITA 1244/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh21 May 2025AY 2017-18

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.1244/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2017-18) Smt. Seema Rani Bansal Ito Ward-1 C/O M/S Ambari Ram Bal Krishan बनाम/ Ludhiana Grain Market Vs. Raekot – 141109 "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aegpb-7906-B (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri Rakesh Marwaha (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 21-05-2025 घोषणाकीतारीख /Date Of Pronouncement : 21-05-2025 आदेश / O R D E R Per Laliet Kumar, J.M.

For Appellant: Shri Rakesh Marwaha (CA) – Ld. ARFor Respondent: Dr Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 144

assessee was reopened for this year. Since the assessee failed to make any submissions during assessment proceedings, Ld. AO added the same as unexplained money to the returned income of Rs.5.66 Lacs. The Ld. CIT(A) did not admit the appeal for want of condonation of delay of 201 days ... account is a disclosed bank account which has trading receipts of the assessee. On these facts, entire deposits could not be held to be unexplained money. To plug any possible leakage of revenue, we estimate lump sum addition of Rs.2 Lacs in the hands of the assessee and delete

Aristro Fincorp Pvt. Ltd., Kolkata vs. ITO, Ward-4(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 364/KOL/2025[2014]Status: DisposedITAT Kolkata21 May 2025

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.364/Kol/2025 Assessment Year: 2014-15 Aristro Fincorp Pvt. Ltd………………………………………...….……….Appellant 21, Parsee Church Street, Opp. 18 Ezra Street, Kol-1. [Pan: Aaecs0680H] Vs. Ito, Ward-4(3), Kolkata.………….....................……........……...…..…..Respondent Appearances By: Shri Siddharth Agrawal, Advocate, Appeared On Behalf Of The Assessee. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 15, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee For The Assessment Year 2014-15 Is Directed Against The Order Dated 16.12.2024 Passed By The Ld. Commissioner Of Income-Tax, Appeals, Nfac, Delhi [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’]. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income On 30.09.2014 For The Assessment Year 2014-15 By Declaring Total Income Of Rs.4,51,050/-. The Case Of The Assessee Was Reopened U/S 147 Of The Act As The Information Received From The Dgit(Inv.), Mumbai Under Project Falcon Regarding Coordinated & Premediated Trading On The Bombay Stock Exchange By Engaging In Reversal Trades In Illiquid Stock Options Resulting In Non-Genuine Business Loss/Gains To The Beneficiary Assessees & That The Present Assessee Is A Party To Such Manipulation. From The Data Made Available Under Project Falcon On The

Section 142(1)Section 144Section 147Section 148Section 271(1)(c)Section 69A

assessee. Accordingly, the Assessing Officer held that the loss to the tune of Rs.28,38,000/- u/s 69A of the Act as unexplained money and determined the total income of the assessee at Rs.32,89,050/- and also initiated penalty proceedings u/s 271(1)(c) of the Act. 3. Aggrieved

Ram Kaur Singh, Kolkata vs. Ward 30(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 359/KOL/2025[2017-18]Status: DisposedITAT Kolkata21 May 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.359/Kol/2025 Assessment Year: 2017-18 Ram Kaur Singh……..………………………………………...….……….Appellant 8, Mansarala Lane, Khiderpore, Kolkata – 700023. [Pan: Alhps2735G] Vs. Ito, Ward-30(1), Kolkata.………….....................……........……...…..…..Respondent Appearances By: Shri Navans Shah, Ca, Appeared On Behalf Of The Assessee. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 15, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee For The Assessment Year 2017-18 Is Directed Against The Order Dated 20.03.2024 Passed By The Ld. Commissioner Of Income-Tax, Appeals, Addl/Jcit(A)-2, Mumbai [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’]. 2. At The Outset, It Is Noted That There Is A Delay Of 264 Days In Filing The Instant Appeal Before The Tribunal. The Assessee Has Submitted An Application For Condonation Of Such Delay Explaining Reasons For The Delay. We, After Perusing The Petition Made In The Application, Satisfy That There Were Bona Fide & Sufficient Reasons For Such Delay. We, Therefore, Condone The Delay & Admit This Appeal For Adjudication. 3. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income On 11.01.2018 For The Assessment Year 2017- 18 By Declaring Total Income Of Rs.3,78,230/-. Subsequently, The Case Of

Section 142(1)Section 143(3)Section 69A

satisfy with the submissions made by the assessee and made the addition of Rs.6,79,500/- cash deposits made during the demonetization period as unexplained money u/s 69A of the Act and Rs.5,60,000/- on account of municipal tax payment made by the assessee. Accordingly, both the amounts were