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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

Manish Kumar, Patna vs. Dc Ac Circle 4, Patna

The appeal of the assessee is allowed for statistical purposes

ITA 247/PAT/2024[AY 2017-2018]Status: DisposedITAT Patna04 Feb 2025

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.247/Pat/2024 Assessment Year: 2017-18 Manish Kumar, Patna…………………………………………..………….……Appellant Nav Chetna Path, Anishabad, Beur Path, Chitkohra, Bihar-800002.. [Pan: Avbpk7282L] Vs. Dc/Ac, Circle-4, Patna……..……....….….. ……………….........……...…..…..Respondent Appearances By: None 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 04, 2025 Date Of Pronouncing The Order : February 04, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order 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’) For Assessment Year 2017-18. 2. No One Has Appeared On Behalf Of The Assessee In Spite Of Serving Notices For Hearing & The Tribunal Cannot Keep These Appeals Pending For Indefinite Time Due To Non-Representation. Therefore, In The Absence Of Any Authorised Representative Of The Assessee, We Proceed To Decide The Appeal With The Help Of Ld. Dr & Also Considering The Material Available On Record. 3. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income On 04.11.2017 Declaring Total Income Of Rs.30,73,750/- For The Assessment Year 2017-18. The Case Of The Assessee Was Selected For Scrutiny Under Cass For The Reason “Large Cash Deposit During Demonetization & Abnormal Increase In Sales With

Section 143(2)Section 144Section 250Section 250(6)Section 69A

compliance to the notices issued, the Assessing Officer treated the cash deposits of Rs.42,00,000/- made during the demonetization period as unexplained money u/s 69A and the added back the same to the total income of the assessee. Further, the Assessing Officer computed income from business @8% on total

Aryavysya Seva Sangham Pattana, Warangal vs. Income Tax Officer, Ward-1, Warangal

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

ITA 25/HYD/2025[2017-18]Status: HeardITAT Hyderabad04 Feb 2025AY 2017-18

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita No. 25/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2017-18) Aryavysya Seva Sangham Vs. Income Tax Officer Pattana Ward 1 Warangal Warangal Pan:Aadaa1704H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Vinod, Advocate राज" व "ारा/Revenue By:: Smt. Harshita Chouhan, Dr सुनवाई की तारीख/Date Of Hearing: 04/02/2025 घोषणा की तारीख/Pronouncement: 04/02/2025 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 17/12/2024 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.20176-18. 2. The Assessee Raised The Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case, The Order Of The Ld. Cit(A) Is Erroneous Both On Facts & In Law Apart From Being Passed In Violation Of Principles Of Natural Justice. 2. The Ld. Cit(A) Erred In Sustaining The Addition Of Rs. 33,34,200/ As Unexplained Money Under Section 69A Of The Act. The Ld. Cit(A) Erred In Sustaining The Addition

For Appellant: Shri P Vinod, AdvocateFor Respondent: : Smt. Harshita Chouhan, DR
Section 139Section 142(1)Section 69A

passed in violation of principles of natural justice. 2. The Ld. CIT(A) erred in sustaining the addition of Rs. 33,34,200/ as unexplained money under section 69A of the Act. The Ld. CIT(A) erred in sustaining the addition Page

Patloth Laxmi, Hyderabad vs. Income Tax Officer, Ward-9(1), Hyderabad

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

ITA 1382/HYD/2024[2017-18]Status: DisposedITAT Hyderabad04 Feb 2025AY 2017-18

Bench: Shri Laliet Kumar & Shri Manjunatha G.आ.अपी.सं /Ita No.1382/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18) Patloth Laxmi Vs. Income Tax Officer Hyderabad Ward-9(1) [Pan :Adjpl4782E] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S.Rama Rao, Ar रधजस् व द्वधरध/Revenue By: Shri Srikanth Reddy Y., Dr सुिवधई की तधरीख/Date Of Hearing: 20/01/2025 घोर्णध की तधरीख/Date Of 03/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 08.01.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], National Faceless Appeal Centre (Nfac), Delhi , Pertaining To A.Y.2017-18. 2. At The Outset, It Is Observed That The Appeal Has Been Filed With A Delay Of 270 Days. The Assessee Filed An Affidavit For Condonation Of Delay & Submitted That The Assessee Underwent A Heart Surgery & She Was Advised Bed Rest Upto The Last Week Of December 2024. The Assessee Submitted A Medical Certificate In Proof & Pleaded That The Delay In Filing The Appeal Before The 2

For Appellant: Shri S.Rama Rao, ARFor Respondent: Shri Srikanth Reddy Y., DR
Section 115BSection 133(6)Section 139Section 142(1)Section 69A

explain, as to why addition should not be made towards total cash deposits of Rs.13,85,690/- u/s 69A of the Act, as unexplained money and bring to tax u/s 115BBE of the Act. Since, no response from the assessee, the Assessing Officer made addition of Rs.13

Assistant Commissioner of Income Tax, Central Circle 1 Madurai, Madurai vs. Sukumar Sunitha, Egmore Chennai

The appeal stand dismissed

ITA 1550/CHNY/2024[2017-18]Status: DisposedITAT Chennai03 Feb 2025AY 2017-18

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1550/Chny/2024 (िनधा*रण वष* / Assessment Year: 2017-18) Acit Sukumar Sunitha बनाम/ Central Circle 1, 32B, Halls Road, Egmore, Vs. Madurai Chennai – 600 008. "थायीलेखासं./जीआइआरसं./Pan/Tan No. Firps-0287-K (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ" की ओर से/ Appellant By : Shri Ashwin D. Gowda (Addl.Cit) – Ld. Sr. Dr ""थ" की ओर से/Respondent By : Shri N. Arjun Raj (Advocate) – Ld. Ar सुनवाई की तारीख/Date Of Hearing : 30-01-2025 घोषणा की तारीख /Date Of Pronouncement : 03-02-2025 आदेश / O R D E R

For Appellant: Shri Ashwin D. Gowda (Addl.CIT) – Ld. Sr. DRFor Respondent: Shri N. Arjun Raj (Advocate) – Ld. AR
Section 143(3)Section 69A

Rs.90.28 Lacs and another transfer of Rs.15.50 Lacs from Beach Mineral Company in SB-NRO-General Account No.11000100095139. The same were held to be unexplained money and added u/s 69A of the act. Appellate Proceedings 4. During appellate proceedings, the Ld. CIT(A) concurred that Ld. AO erred in recasting ... Similarly, the credit of Rs.90.28 Lacs represent loan obtained by the assessee against FDRs. Therefore, both these items could not be held to be unexplained money for the assessee. Therefore, the adjudication of Ld. CIT(A) could not be faulted with. 6. The appeal stand dismissed. Order pronounced