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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

Purama Ramakrishna Rao, Saluru vs. Income Tax Officer, Ward-2, Vizianagaram

In the result, appeal of the assessee is allowed

ITA 221/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam25 Sept 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No.221/Viz/2024 (िनधा"रण वष" / Assessment Year : 2017-18) Purama Ramakrishna Rao, Vs. The Income Tax Officer, Saluru, Vizianagaram Dist., Ward-2, Andhra Pradesh. Vizianagaram. Pan: Altpp40003E (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Sri Gvn Hari, Ar ""याथ" क" ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवाई क" तारीख / Date Of Hearing : 10/09/2024 घोषणा क" तारीख/Date Of : 25/09/2024 Pronouncement O R D E R

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 115BSection 119(2)(b)Section 133(6)Section 142(1)Section 144Section 144(1)(b)Section 271FSection 3Section 69A

made U/s. 69A r.w.s 115BBE of the Act treating the cash deposits made during the demonetization period as unexplained money in the hands of the assessee. The Ld. AO also initiated the penalty proceedings U/s. 3 271AAC, 272A(1)(d) and U/s. 271F of the Act. Aggrieved by the order ... after issuance of notice U/s. 142(1) of the Act. However, the Ld. AO made an addition of Rs. 21,30,000/- as 6 unexplained money by holding that these are the cash deposits made during the demonetization period and also stated that since the assessee has not filed

Ashoka Enterprises, Vijayawada vs. Assistant Commissioner of Income Tax, Circle-2(1), Vijayawada

In the result, appeal of the assessee is allowed

ITA 135/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam25 Sept 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No.135/Viz/2024 (िनधा"रण वष" / Assessment Year : 2017-18) Ashoka Enterprises, Vs. Asst. Commissioner Of 27-23-55, Gopala Reddy Road, Income Tax, Governor Peta, Vijayawada, Circle-2(1), Andhra Pradesh-520002. Vijayawada. Pan: Aadfa2559 (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Sri C. Subrahmanyam, Ar ""याथ" क" ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवाई क" तारीख / Date Of Hearing : 04/09/2024 घोषणा क" तारीख/Date Of : 25/09/2024 Pronouncement O R D E R

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 142(1)Section 143(2)Section 143(3)Section 250Section 270ASection 69A

from the assessee. Therefore, the Ld. AO treated the cash deposits of Rs. 7,99,698/- made in the 3 HDFC Bank account as unexplained money U/s. 69A r.w.s 115BBE of the Act and added the same to the total income of the assessee. The Ld. AO also initiated ... further argued that since the assessee has recorded the money in the books of accounts, the same cannot be treated as unexplained money U/s. 69A of the Act as observed by the Ld. AO and the Ld. JCIT(A). These facts along with the necessary evidences viz., cash book ledgers

Indira Voona, Visakhapatnam vs. The Income Tax Officer, TDS Ward 1, Visakhapatnam

In the result, appeal of the assessee is allowed

ITA 268/VIZ/2023[2015-16]Status: DisposedITAT Visakhapatnam25 Sept 2024AY 2015-16

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A. No. 244/Viz/2023 (निर्धारण वर्ा/ Assessment Year: 2017-18) Indira Voona V. Income Tax Officer – Ward 3(1) Visakhapatnam Plot No. 24, Sector 12 Mvp Colony, Visakhapatnam – 530017 Andhra Pradesh [Pan: Aewpv1518E] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A. No. 268/Viz/2023 (निर्धारण वर्ा/ Assessment Year: 2015-16) Income Tax Officer – Tds Ward -1 Indira Voona V. Visakhapatnam Plot No. 24, Sector 12 Mvp Colony, Visakhapatnam – 530017 Andhra Pradesh [Pan: Aewpv1518E] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

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

considering the explanation by the assessee being not satisfactory treated the cash deposits during the demonetization period aggregating to Rs. 17,86,000/- as unexplained money under section 69A of the Act. 6. On being aggrieved by the order of the Ld.AO, assessee filed an appeal before ... I.T.A. No. 244 & 268/VIZ/2023 Indira Voona 8. The only contention of the assessee is with respect to addition of Rs.17,86,000/- as unexplained money under section 69A of the Act. Ld.Authorised Representative [hereinafter “Ld.AR”] submitted that the assessee made cash withdrawals as stated before revenue authorities

Indira Voona, Visakhapatnam vs. Income Tax Officer, Ward-3(1), Visakhapatnam

In the result, appeal of the assessee is allowed

ITA 244/VIZ/2023[2017-18]Status: DisposedITAT Visakhapatnam25 Sept 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A. No. 244/Viz/2023 (निर्धारण वर्ा/ Assessment Year: 2017-18) Indira Voona V. Income Tax Officer – Ward 3(1) Visakhapatnam Plot No. 24, Sector 12 Mvp Colony, Visakhapatnam – 530017 Andhra Pradesh [Pan: Aewpv1518E] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A. No. 268/Viz/2023 (निर्धारण वर्ा/ Assessment Year: 2015-16) Income Tax Officer – Tds Ward -1 Indira Voona V. Visakhapatnam Plot No. 24, Sector 12 Mvp Colony, Visakhapatnam – 530017 Andhra Pradesh [Pan: Aewpv1518E] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

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

considering the explanation by the assessee being not satisfactory treated the cash deposits during the demonetization period aggregating to Rs. 17,86,000/- as unexplained money under section 69A of the Act. 6. On being aggrieved by the order of the Ld.AO, assessee filed an appeal before ... I.T.A. No. 244 & 268/VIZ/2023 Indira Voona 8. The only contention of the assessee is with respect to addition of Rs.17,86,000/- as unexplained money under section 69A of the Act. Ld.Authorised Representative [hereinafter “Ld.AR”] submitted that the assessee made cash withdrawals as stated before revenue authorities