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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

ITO, Ward - 11(1), Kolkata vs. Sumangal Forex & Travels Pvt Ltd, Kolkata

ITA 2211/KOL/2024[2018-19]Status: DisposedITAT Kolkata11 Feb 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2211/Kol/2024 Assessment Year: 2018-19 Ito, Ward-11(1), Kolkata …………………………………………….…..……Appellant Vs. Sumangal Forex & Travels Pvt. Ltd…………...........……........……...…..…..Respondent 9, Baliaghata Road, Kol-700015. [Pan: Aavcs1781J] C.O. No.60/Kol/2024 (Arising Out Of I.T.A. No.2211/Kol/2024 Assessment Year: 2018-19 Sumangal Forex & Travels Pvt. Ltd ……………….………………..….…..Cross-Objector 9, Baliaghata Road, Kol-700015. [Pan: Aavcs1781J] Vs. Ito, Ward-11(1), Kolkata................................................……........……...…..…..Respondent Appearances By: Shri Srikumar Banerjee, Ar, Appeared On Behalf Of The Assessee. Shri Arun Kr. Tiwari, Cit- Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : February 10, 2024 Date Of Pronouncing The Order : February 11, 2024 Order Per Sonjoy Sarma: The Revenue Has Filed An Appeal Against The Order Dated 25.07.2024 By The National Faceless Appeal Centre [Hereinafter Referred To As The ‘Cit(A)’] & The Assessee Has Filed The Corresponding Cross- Objection Relating To Assessment Year 2018-19. 2. Brief Facts Of The Case Are That The Assessee Is A Company & Engaged In Foreign Currency Exchange Business As Forex Dealer. The Assessee Filed Its Return Of Income For Assessment Year 2018-19 Declaring Total Income Of Rs.1,45,236/-. Since, The Assessee Was Non-Responsive Before The Investigation Wing As Well As Before The Assessing Officer, The

Section 142(1)Section 147Section 148Section 69A

reassessment order was framed on 24.03.2024 u/s 147 r.w.s. 144 of the Act by making addition of Rs.10,46,12,536/- on account of unexplained money u/s 69A of the Act being the difference between the total credits in bank accounts and the disclosed turnover by making an addition ... made addition of Rs.10,46,12,536/- being the difference between the total credits in bank accounts and the disclosed turnover by treating as unexplained money u/s 69A of the Act as the appellant did not reconcile the difference and did not furnished explanation during the re-assessment proceedings

Yogendra Prasad Sharma, Patna vs. Dc/Ac Circle-6, Patna

The appeal of the assessee is allowed for statistical purposes

ITA 6/PAT/2025[2017-18]Status: HeardITAT Patna10 Feb 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.06/Pat/2025 Assessment Year: 2017-18 Yogendra Prasad Sharma………………………………………..………….……Appellant 0 Matukdhari Niwas, West Boring Canal Road Boring Road, Patna-800001. [Pan: Aoppd7881R] Vs. Dc/Ac, Circle-6, Patna……..……....….….. ……………….........……...…..…..Respondent Appearances By: Shri Sagar Warsi, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit - Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 06, 2025 Date Of Pronouncing The Order : February 10, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 30.05.2024 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. At The Outset, The Registry Has Informed That There Is A Delay Of 160 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause & The Delay Was Not Intentional. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income By Declaring Total Income Of Rs.11,32,280/-

Section 142(1)Section 143(2)Section 143(3)Section 250Section 69A

part of the assessee, accordingly the Assessing Officer assessed the total income of Rs.11,32,280/- and a sum of Rs.15,87,000/- as unexplained money u/s 69A of the Act and added the same in the hands of the assessee by framing an assessment order

Shakeel Abdul Azeez Mohammad, Jalgaon vs. ITO Ward 1(1), Jalgaon

In the result, appeal of the assessee is allowed for statistical purpose

ITA 1742/PUN/2024[2017-18]Status: DisposedITAT Pune10 Feb 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1742/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Shakeel Abdul Azeez V The Income Tax Officer, Mohammad, S Ward-1(1), Jalgaon. Kachchi Chawl, Indira Nagar, Shahu Nagar, Jalgaon – 425001. Pan: Byfpm1596K Appellant/ Assessee Respondent /Revenue Assessee By Shri Vinay V. Kawdia – Ar Revenue By Shri Arvind Desai – Addl.Cit(Dr) Date Of Hearing 26/12/2024 Date Of Pronouncement 10/02/2025 आदेश/ Order Per Dr.Dipak P.Ripote, Am : This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under

Section 144Section 148Section 153CSection 250Section 250(4)Section 250(6)Section 69A

treating the entire cash deposits in Shri Renuka Mata Multi State Urban Co-operative Credit Society Ltd as unexplained money of the appellant without appreciating the facts of the case and submisions on record. 3) The appellant craves the permission to add, amend, modify, alter, revise, substitute, delete ... quashed. 2. The AO erred in treating the entire cash deposits in shri Renuka Mata Multi State Urban co operative Credit Society Ltd. as unexplained money of the appellant without appreciating the facts of the case. 3. Appellant craves the permission to add amend modify alter revise substitute delete

Ranjay Kumar Diwakar, Nawada vs. ITO, Ward-2(5), Bihar Sharif

The appeal of the assessee is allowed for statistical purposes

ITA 227/PAT/2024[2017-18]Status: DisposedITAT Patna07 Feb 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.227/Pat/2024 Assessment Year: 2017-18 Ranjay Kumar Diwakar.………………………………………..………….……Appellant M/S Nidhi Pharma, Purani Jail Road, Nawada, Bihar-805110. [Pan: Aoppd7881R] Vs. Ito, Ward-2(5), Bihar Sharif.……....….….. ……………….........……...…..…..Respondent Appearances By: Shri Manoj Kataruka, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit - Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 05, 2025 Date Of Pronouncing The Order : February 07, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 12.09.2023 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. At The Outset, The Registry Has Informed That There Is A Delay Of 79 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause & The Delay Was Not Intentional. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. Brief Facts Of The Case Are That In The Case Of The Assessee, Notice U/S 142(1) Of The Act Was Issued For Calling The Assessee To Submit True & Correct Return Of Income In Respect Of Assessment Year 2017-18 And

Section 142(1)Section 144Section 250

cash deposits credited in the accounts i.e. State Bank of India and Post Office by the assessee amounting to Rs.2,15,03,053/- as unexplained money and added the same to the total income of the assessee by making an assessment order u/s 144 of the Act. 4. Dissatisfied with