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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

Arham Gems and Jewellery, Ahmedabad vs. The Income Tax Officer, Ward-1(2)(1) (Old Ward-1(3)(1)), Ahmedabad

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

ITA 1087/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad17 Dec 2024AY 2017-18

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyalआयकर अपील सं /Ita No.1087/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Arham Gems & Jewellery The Income Tax Officer C/O. M.S. Chhajed & Co., Ca बनाम/ Ward-1(2)(1) V/S. “Kamal Shanti” [Old Ward-1(3)(1)] Nr.Sardar Patel Statue, Ahmedabad – 380 015 Ahmedabad – 380 014 "थायी लेखा सं./Pan: Aasfa 7013 P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri M.S. Chhajed, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 03/12/2024 घोषणा की तारीख /Date Of Pronouncement: 17/12/2024 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18-12-2023 Passed By The Ld. Commissioner Of Income Tax (Appeals)-11, Ahmedabad [Hereinafter Referred To As “Ld.Cit(A)”] For The Assessment Year (Ay) 2017-18 Arising From The Order Dated 26/12/2019 Passed By The Assessing Officer (Hereinafter Referred To As “Ao”) U/S. 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri M.S. Chhajed, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 115BSection 143(3)Section 69ASection 69B

account of unexplained investment of Rs.20,06,356/-. Further, an addition of Rs.1,45,00,000/- was also made on account of unexplained money u/s.69A of the Act. During the course of assessment, the AO observed that aforesaid additions were made in absence of any submissions/details/supporting documents furnished

Gouri Singla, Siliguri vs. ITO, Ward-1(3), Siliguri

The appeal of the assessee is allowed for statistical purposes

ITA 488/KOL/2024[2013-14]Status: DisposedITAT Kolkata17 Dec 2024AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.488/Kol/2024 Assessment Year: 2013-14 Gouri Singla………….… ……….. ……..……………………....Appellant C/O Paramount Hospital Pvt. Ltd., Mangal Pandey Road, Khalpara, Siliguri- 734005. [Pan: Ajbps9966M] Vs. Ito, Ward-1(3), Siliguri…. ….…….…............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Somnath Das Biswas, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 16, 2024 Date Of Pronouncing The Order : December 17, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 15.02.2024 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. Brief Facts Of The Case Are That The Assessee Is An Individual & Run A Proprietorship Business & Filed Return Of Income On 29.09.2013 For The Relevant Assessment Year Declaring Total Income Of Rs.7,67,610/. Thereafter, The Case Of The Assessee Was Reopened U/S 147 Of The Act As Per Information Received. Accordingly, Notices U/S 143(2) & 142(1) Of The Act Was Issued. In Response To The Notices, The Assessee Has Not Furnished The Requisite Details To The Assessing Officer. The Assessing Officer Noticed That The Assessee Had Taken Loan Of Rs.22,00,000/- From Various Lenders During The Assessment Year. He Also Noticed That The Assessee Had Also Cash Deposited Of Rs.5,69,000/- In Her Bank Account.

Section 143(2)Section 147Section 250Section 250(6)Section 68Section 69A

therefore, made addition of Rs.22,00,000/- u/s 68 of the Act as unaccounted cash credit and also Rs.5,69,000/- u/s 69A as unexplained money. The Assessing Officer passed the assessment order u/s 147 r.w.s. 144 of the Act. 3. At the outset, the ld. Counsel for the assessee

Asiatic Enterprises, Chennai vs. ITO, Ncw 19(3), Chennai

The appeal stand allowed in terms of our above order

ITA 1847/CHNY/2024[2017-18]Status: DisposedITAT Chennai17 Dec 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.1847/Chny/2024 (िनधा9रणवष9 / Assessment Year: 2017-18) M/S. Asiatic Enterprises Ito बनाम/ # 6, Jones Road, Saidapet, Non-Corporate Ward-19(3) Vs. Chennai-600 015. Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaffa-5949-M (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri T. Vasudevan (Advocate)- Ld.Ar " थ"कीओरसे/Respondent By : Ms. R. Anita (Addl.Cit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 04-12-2024 घोषणा की तारीख /Date Of Pronouncement : 17-12-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri T. Vasudevan (Advocate)- Ld.ARFor Respondent: Ms. R. Anita (Addl.CIT)-Ld. Sr. DR
Section 115BSection 143(3)Section 68Section 69

case. I. ADDITION U/S.69 OF THE ACT : 1.The CIT(A) NFAC erred in confirming the addition of Rs.1,29,99,000/- as unexplained money under sec.68 of the Act. 2.The CIT(A) NFAC failed to appreciate that the cash deposited in the bank accounts were the amounts realized from sundry ... realization from those trade debtors and is evidenced by the entries in the books of accounts and hence the addition of the amount as unexplained money is untenable in law and facts of the case. 4.The CIT(A) NFAC further failed to appreciate that the nature of business of assessee

Kandaiah Muthukrishnan, Chennai vs. Dcir, CC-2(4), Chennai

The appeal stands allowed in terms of our above order

ITA 1214/CHNY/2024[2020-21]Status: DisposedITAT Chennai16 Dec 2024AY 2020-21

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.1214/Chny/2024 (िनधा9रणवष9 / Assessment Year: 2020-21) Shri Kandaiah Muthukrishnan Dcit बनाम/ #161, Rangarajapuram Main Road, Central Circle-2(4) Vs. Kodambakkam, Chennai-600 024. Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aftpm-5826-Q (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri G. Baskar (Advocate)- Ld.Ar " थ"कीओरसे/Respondent By : Shri R. Clement Ramesh Kumar (Cit)-Ld. Dr सुनवाई की तारीख/Date Of Hearing : 03-12-2024 घोषणा की तारीख /Date Of Pronouncement : 16-12-2024

For Appellant: Shri G. Baskar (Advocate)- Ld.ARFor Respondent: Shri R. Clement Ramesh Kumar (CIT)-Ld. DR
Section 132Section 142(1)Section 143(3)Section 263

improper piece-meal consideration of the total facts of the case. 6. The income from. the unaccounted finance mediation business having been added as unexplained money of the appellant, the order of assessment can by no stretch be stated to be prejudicial to the interest of the revenue ... appeal before the CIT(A) when cash of Rs.33,48,921/- found during the search of the partnership firm, added as appellant's unexplained money was disputed in appeal before the CIT(A). 8. The CIT(A) having confirmed the addition of unexplained money by rendering a finding that