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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

M/S. Prestige Avenues Limited, Hyd, Hyderabad vs. DCIT, Central Circle-VII, Hyderabad

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

ITA 741/HYD/2011[2006-07]Status: DisposedITAT Hyderabad06 Jan 2025AY 2006-07

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.741/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2022-23) Shri Bharat Kumar Jain Dy. Commissioner Of Income Vs. Premchand, Tax, Central Circle 1(2), Hyderabad. Hyderabad. Pan: Aqvpp1066C (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: None रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 07/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-11, Hyderabad [Cit(A)] Dated 21.02.2025 For Assessment Year (Ay) 2022-23. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income For The A.Y. 2022-23 On 30.07.2022 Declaring Income Of Rs.3,86,750/-. The Telangana State Police Seized Cash Of Rs.7,35,000/- From The Assessee After Following

For Appellant: NoneFor Respondent: Shri Kumar Aditya, DR
Section 250(6)

procedure. The Assessing Officer on consideration of explanation filed in response to the notice issued brought to tax the seized cash as unexplained money of the assessee, accordingly assed the income of the assessee. 3. Being aggrieved by the order of Assessing Officer, an appeal was filed before

Dipti Anuj Pathak, Ahmedabad vs. The ITO, Ward-5(2)(2), Ahmedabad

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

ITA 1680/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad06 Jan 2025AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1680/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2017-18) बनाम/ Dipti Anuj Pathak Income Tax Officer A-801, Sanskaar, B/H. Ward-5(2)(2), Ahmedabad Vs. Shalby Hospital, Satellite, Ahmedabad, Gujarat - 380051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abepp0722D (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri S. N. Divatia & Shri Samir Vora, A.Rs. ""यथ" क" ओर से/Respondent By : Shri Rignesh Das, Sr. Dr Date Of Hearing 19/12/2024 06/01/2025 Date Of Pronouncement

For Appellant: Shri S. N. Divatia & Shri Samir VoraFor Respondent: Shri Rignesh Das, Sr. DR
Section 144Section 250Section 69A

addition of Rs.71,56,500/- made by A.O. towards cash deposits in bank A/c. No.2579 with The Co.Op. Bank of Rajasthan Ltd. as unexplained money u/s 69A rws 1158BE is wholly illegal, unlawful and against the principles of natural justice. 2.1 The ld. CIT(A), has grievously erred ... addition of Rs.71,56,500/- made by A.O. towards cash deposits in bank A/c. No.2579 with The Co.Op. Bank of Rajasthan Ltd. as unexplained money u/s 69A rws 115BBE. ITA No. 1680/Ahd/2024 [Dipti Anuj Pathak vs. ITO] A.Y. 2017-18 - 3 – 3.2 That the in the facts and circumstances