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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

Ram Kishor Soni, Ahmedabad vs. National Faceless Assessment Centre, Delhi Present AO: the ITO, Ward-4(2)(1), Ahmedabad

The appeals of the assessee are allowed for statistical purposes

ITA 1282/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad11 Mar 2025AY 2014-15

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.1281&1282/Ahd/2024 निर्धारण वर्ष / Assessment Years: 2013-14 & 2014-15 Ram Kishor Soni, 626, Sector No.3, Chankyapuri, Ghatlodiya, Ahmedabad-380061 स्थायी लेखा सं./Pan: Blips8712B बनाम/ V/S. National Faceless Assessment Centre, Delhi Present A.O.: Income Tax Officer, Ward-4(2)(1), Ahmedabad अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent) Assessee By: Shri P. F. Jain, Ar Revenue By: Shri Rignesh Das, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 10/03/2025 घोषणा की तारीख / Date Of Pronouncement: 11/03/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: Both These Appeals Filed By The Assessee Pertain To Assessment Years 2013-14 & 2014-15 Against The Respective Orders Of Commissioner Of Appeal, National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"], Confirming The Additions Made By The Assessing Officer [Hereinafter Referred To As "Ao"] Under Section 69A Of The Income-Tax Act, 1961[Hereinafter Referred To As "The Act"], On Account Of Unexplained Cash Deposits In The Assessee'S Bank Accounts. Since The Issues Involved In Both The Appeals Are Identical, They Are Disposed Of By This Consolidated Order.

For Appellant: Shri P. F. Jain, ARFor Respondent: Shri Rignesh Das, Sr. DR
Section 115BSection 132Section 142(1)Section 144Section 147Section 148Section 154Section 234ASection 69A

having no response from the assessee, completed the assessment ex- parte under Section 144 read with Section 147, treating the entire cash deposits as unexplained money under Section 69A and added Rs. 5,37,70,820/- for AY 2013-14 and Rs.2

Duraisamy Suguna, Vellore vs. ACIT, Cirlce-1, Vellore

ITA 3137/CHNY/2024[2017-18]Status: DisposedITAT Chennai11 Mar 2025AY 2017-18

Bench: Shri George George K, Hon’Ble & Shri S.R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 3137/Chny/2024 ननिाजरण वर्ज / Assessment Year: 2017-18 Duraisamy Suguna, The Asst Commissioner Of 30 Thellur Road, V. Income Tax, Sai Nagar, Circle -1, Vellore – 632 010. Vellore. [Pan: Dsxps-6094-C] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Mr. M. Karunakaran, Advocate प्रत्यथी की ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई की तारीख/Date Of Hearing : 26.02.2025 घोर्णा की तारीख/Date Of Pronouncement : 11.03.2025

For Appellant: Mr. M. Karunakaran, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 143(2)Section 69A

raised the following grounds of appeal: 1. The learned National Faceless Appeal Centre (NFAC) erred in confirming the addition of Rs.81,78,522/- as unexplained money under section 69A of the Act. Page 1 of 16 ITA. No: 3137/Chny/2024 2. The appellant submits that the assessing officer has made ... deficit of cash of Rs.81,78,522/- compared to cash deposits made and added the same u/s.69A r.w.s 115BBE of the Act as unexplained money and brought to tax by passing an order dated 10.12.2019. 5. Aggrieved by the order of the AO the assessee preferred an appeal before