← All Phrases

“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

Vasanth & Co, Tirupur vs. ITO, Ward-1(2), Tirupur

In the result, the appeal filed by the assessee stands allowed

ITA 351/CHNY/2024[2017-18]Status: DisposedITAT Chennai09 Oct 2024AY 2017-18

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.351/Chny/2024 िनधा"रण वष" /Assessment Year:2017-2018 Vasanth & Co The Income Tax Officer, Sf No.1308, Anna Nagar, V. Ward 1(2) K P N Colony Extn, Tirupur 641 601. Tirupur 641 601. Pan: Aabfv 6669F (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Yeshwanth Kumar, C.A., ""यथ" क" ओर से/Respondent By : Ms. Deeptha, Irs, Jcit सुनवाई क" तारीख/Date Of Hearing : 01.10.2024 घोषणा क" तारीख/Date Of Pronouncement : 09.10.2024

For Appellant: Shri Yeshwanth Kumar, C.AFor Respondent: Ms. Deeptha, IRS, JCIT
Section 1Section 143(3)Section 3Section 69A

order of CIT(A) confirming the action of ld. Assessing Officer in making addition of cash deposits of Rs.70,68,500/- as unexplained money u/s.69A of the Act being cash deposited in bank during demonetization period in Specified Bank Notes (SBNs). 3. Brief facts of the case are that assessee ... addition u/s.69 or 69A of the Act. Because, the mandate of the provisions of Section 69 & 69A of the Act, i.e., unexplained investments and unexplained money etc., may be deemed to be the income of the assessee for the financial year relevant to assessment year concerned, in which the assessee

Pallav Rajnikant Pancholi, Ahmedabad vs. The ITO, Ward-2, International Taxation, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 489/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad08 Oct 2024AY 2018-19

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.489/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Pallav Rajnikant Pancholi The Ito बनाम/ 903, Anurag Flats Ward-2, International Taxation V/S. Nr.Vidhyanagar School Ahmedabad Usmanpura Ahmedabad – 380 014 (Gujarat) "थायी लेखा सं./Pan: Ceepp 9266 D अपीलाथ&/ (Appellant) '( यथ&/ (Respondent) Assessee By : Shri Rajesh C. Shah, Ar Revenue By : Shri Prithviraj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 01/10/2024 घोषणा की तारीख /Date Of Pronouncement: 08/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Rajesh C. Shah, ARFor Respondent: Shri Prithviraj Meena, CIT-DR
Section 143(3)Section 147Section 148ASection 56(2)(x)Section 69A

insisted that the assessee prove the source of the source of the remittance. Subsequently, the AO proposed to treat the amount as unexplained money under Section 69A of the Act and made the corresponding addition of Rs.25,00,000/-. 2.5. The assessee filed objections before the Dispute Resolution Panel ... under Section 69A. 6.1. The AO’s decision to invoke Section 69A of the Act is unfounded in this case. Section 69A applies to unexplained money for which no satisfactory explanation is provided. However, the assessee has provided all necessary documentation, including a valid remittance receipt, bank statements