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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

Kammela Srinivasara Rao, Tenali vs. The Income Tax Officer, Ward-1, Tenali

In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above

ITA 73/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam31 Jul 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No.73/Viz/2024 (िनधा"रण वष" / Assessment Year : 2017-18) Kammela Srinivasara Rao, Vs. The Income Tax Officer, D.No. 7-14-9, Harikrishna Ward-1, Medical Agencies, Battavari Tenali. Street, Ganganammapet, Tenali, Andhra Pradesh. Pan: Akzpk3519M (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 : 04/06/2024 घोषणा क" तारीख/Date Of : 31/07/2024 Pronouncement O R D E R

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 133ASection 139(4)Section 142(1)Section 144Section 208Section 234B(1)Section 249(4)(b)Section 271ASection 69A

proper explanation with respect to the balance of cash deposits of Rs. 45,68,004/-, the 4 Ld. AO treated it as unexplained money and brought to tax under the provisions of section 69A r.w.s 115BBE of the Act and raised a demand of Rs.57,71,647/-. Thus ... before the Ld. CIT(A)-NFAC, the assessee has offered explanation with regard to the addition made by the Ld. AO on account of unexplained money. However, 6 the Ld. CIT(A)-NFAC ignored all the submissions made before him and facts available on record, and dismissed the appeal

Jami Pradhamika Vyavasayasharakara Parapathi Sangham Ltd., Vizianagaram vs. Income-Tax Officer, Vizianagaram

In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above

ITA 206/VIZ/2024[2016-17]Status: DisposedITAT Visakhapatnam31 Jul 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No. 206/Viz/2024 (िनधा"रण वष" / Assessment Year : 2016-17) Jami Pradhamika Vyavasaya Vs. Income Tax Officer, Sahakara Parapathi Vizianagaram. Sanghamltd., Vizianagaram. Pan: Aabaj1927F (अपीलाथ"/ Appellant) (""थ"/ Respondent) अपीलाथ" की ओर से/ Appellant By : Sri I. Kama Sastry, Ar ""ाथ" की ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar

For Appellant: Sri I. Kama Sastry, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 133(6)Section 142(1)Section 144Section 147Section 148Section 249(3)Section 69A

assessee has nothing to explain regarding the cash deposits of Rs. 1,11,69,421/- in bank accounts and the same was treated as unexplained money U/s. 69A of the Act. Thus, the Ld. AO completed the assessment and determined the assessed income ... centre, Delhi is not justified in treating the deposits of Rs. 1,11,69,421/- cash deposited in bank account of the assessee as unexplained money U/s. 69A and levying tax thereon U/s. 115BBE. 4. The Assessment Unit, National Faceless Assessment Centre, Delhi is not justified in charging interest

Mr. Muppuri Damodar, Bengaluru vs. Income Tax Officer, Ward-7(2)(5), Bengaluru

In the result, the appeal filed by the assessee is allowed for statistical purposes in terms of the above observations

ITA 1231/BANG/2024[2015-16]Status: DisposedITAT Bangalore31 Jul 2024AY 2015-16

Bench: Shri Waseem Ahmed & Shri Keshav Dubeymuppuri Damodar The Income Tax Officer #26/1, 7Th Main, Sb Colony Ward - 7(2)(5) Bsk Iii Stage, 7Th Block Vs. Bengaluru Bengaluru 560085 Pan – Ahppd9356E (Appellant) (Respondent) Assessee By: Ms. Sunaina Bhatia, Advocate Revenue By: Shri Ganesh R. Gale, Standing Counsel Date Of Hearing: 25.07.2024 Date Of Pronouncement: 31.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 09.02.2024 Vide Din & Order No. Itba/Nfac/S/250/2003-24/1060723928(1) Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant Are Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Case.. 2. The Learned Cit[A] Is Not Justified In Dismissing The Appeal As Not- Admitted On The Ground That The Applicable Advance Tax Has Not Been Paid By The Appellant Before The Filing Of The Present Appeal Under The Facts & In The Circumstances Of The Appellant'S Case.

For Appellant: Ms. Sunaina Bhatia, AdvocateFor Respondent: Shri Ganesh R. Gale, Standing Counsel
Section 148Section 149Section 234ASection 249Section 250Section 69A

circumstances of the appellant's case. 6. The learned CIT[A] is not justified in upholding the addition of Rs. 44,35,000/- as unexplained money u/s 69A of the Act under the facts and in the circumstances of the appellant's case. 7. Without prejudice to the right

M/S. Kuber Tie-Up Pvt. Ltd, Kolkata vs. ACIT(OSD), Ward- 2(3), Kolkata.

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

ITA 1371/KOL/2023[2010-11]Status: DisposedITAT Kolkata30 Jul 2024AY 2010-11

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.1371/Kol/2023 Assessment Years: 2010-11 M/S Kuber Tie-Up Pvt. Ltd……………....................…...……………....Appellant 16, Gandhi House, Ganesh Chandra Avenue, 8Th Floor, Kolkata-13. [Pan: Aacck6127H] Vs. Acit(Osd), Ward-2(3), Kolkata.………............................…..…..... Respondent Appearances By: Shri Sanket Joshi, Ca, Appeared On Behalf Of The Assessee. Shri Sailen Samadder, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : June 05, 2024 Date Of Pronouncing The Order : July 30, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 25.05.2023 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. The Appeal Is Time-Barred By 142 Days. A Separate Application For Condonation Of Delay Has Been Filed, Wherein, It Has Been Pleaded That The Impugned Order Of The Cit(A) Was Not Physically Served Upon The Assessee. The Order Was Sent On Email, However, The Said Email Was Not Noticed By The Assessee, Therefore, The Assessee Did Not Come To The Knowledge Of The Passing Of The Impugned Order Of The Cit(A). The Passing Of The Order Of The Cit(A) Came To The Knowledge Of The Assessee Only On October 2023. Thereafter, The Assessee Regularly Approached His Consultant To File The Appeal, However, The Consultant Was Busy In Return Filing Activity & Did Not File The Appeal. Thereafter, The Assessee

Section 144Section 148Section 151Section 250

learned CIT-(A) erred in confirming the addition us 68 of Rs. 1,65,30,000 made by the A.O. towards alleged unexplained money received by the assessee company from M/s G D Enterprises without appreciating that the said addition was not warranted on facts