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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

Kuntaleshwar Gramin Bigarsheti Sahkari Patsanstha Ltd, Ahmednagar vs. ITO- Ward 5, Ahmednagar

ITA 1022/PUN/2024[2017-18]Status: DisposedITAT Pune25 Jul 2024AY 2017-18

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamoreassessment Year : 2017-18 Kuntaleshwar Gramin Bigarsheti Sahakari Patsanstha Ltd. At-Dhandarphal Budruk, Tal.:Sangamner, Dist. Ahmednagar-422605. Pan: Aacak1662K. . . . . . . . Appellant V/S The Income Tax Officer, Ward-5, Ahmednagar. . . . . . . . Respondent Appearances Assessee By : Mr Akash Parakh [‘Ld. Ar’] Revenue By : Mr Umashankar Prasad [‘Ld. Dr’] Date Of Conclusive Hearing : 23/07/2024 Date Of Pronouncement : 25/07/2024 Order Per G. D. Padmahshali, Am; The Assessee Is In Appeal Against The Din & Order No. Itba/Nfas/S/250/2023- 24/1062470203(1) Dt. 12/03/2024 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] By The National Faceless Appeal Centre [‘Nfac’ Hereinafter] Passed Which In Turn Arisen Out Of Order Of Assessment Passed U/S 144 Of The Act By The Income Tax Officer, Ward-5, Ahmednagar [‘Ao’ Hereinafter] Anent To Assessment Year 2017-18 [‘Ay’ Hereinafter];

For Appellant: Mr Akash Parakh [‘Ld. AR’]For Respondent: Mr Umashankar Prasad [‘Ld. DR’]
Section 144Section 250Section 69A

Bank Note’ [‘SBN’ hereinafter] ₹36,82,853/- deposited into its bank account during the period of demonetisation, the Ld. AO treated the same as unexplained money u/s 69A of the Act and accordingly framed the assessment u/s 144 of the Act and assessed the total income

Sachin Kanubhai Thakkar, Ahmedabad vs. The Income Tax Officer, Ward-3(3)(7), Ahmedabad

In the result, the appeal filed by the Assessee is treated as allowed for statistical purposes

ITA 732/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad24 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.732/Ahd/2024 "नधा"रण वष" /Assessment Year : 2017-18 Sachin Kanubhai Thakkar The Income Tax Officer 4, Jivraj Park बनाम/ Ward-3(3)(7) Nr. Vejalpur Ahmedabad V/S. Near State Bank Of India Jivraj Park Ahmedabad – 380 051 "थायी लेखा सं./Pan: Adupt 1202 E (अपीलाथ"/ Appellant) ….. ("" यथ"/ Respondent) Assessee By : Shri Aseem L. Thakkar, Ar Revenue By : Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 22/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 24/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee Against The Order Dated 31/12/2023 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Ld.Cit(A)” In Short] Arising Out Of The Assessment Order Dated 29/11/2019 Passed By The Assessing Officer (Ao) Under Section 144 Of The Income Tax Sachin Kanubhai Thakkar Vs. Ito Asst. Year : 2017-18 2

For Appellant: Shri Aseem L. Thakkar, ARFor Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 115BSection 133Section 143(2)Section 144Section 69A

cash deposits in the said bank accounts. Since these deposits remained unexplained, the AO treated total cash deposits of Rs.63,29,000/- as unexplained money u/s 69A of the Act. The AO also added Rs.1,97,306/- declared as agriculture income under the head income from other sources for want

Kavitha, Chennai vs. DCIT Non Corp Circle 19(1), Chennai

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

ITA 596/CHNY/2024[2017-18]Status: DisposedITAT Chennai24 Jul 2024AY 2017-18

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 596/Chny/2024 िनधा"रणवष" / Assessment Year: 2017-18 Deputy Commissioner Of Income Kavitha, V. Tax, Flat No. 7, Salmas Trust Castle, Non Corporate Circle 19(1), 4 Puliyur 1St Street Main Road, Chennai. Trustpuram, Kodambakkam, Chennai – 600 024. [Pan: Afspr-2701-J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. N. Arjunraj, Advocate ""यथ"क"ओरसे/Respondent By : Shri. R. Vikneswaran, Jcit सुनवाई क" तारीख/Date Of Hearing : 05.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 24.07.2024 आदेश /O R D E R

For Appellant: Shri. N. Arjunraj, AdvocateFor Respondent: Shri. R. Vikneswaran, JCIT
Section 143(3)Section 68

passed an order U/s.143(3) of the Act on 16/12/2019 by making an addition of cash deposits made to bank account as unexplained money U/s.68 of Rs.1,96,39,291/-. Aggrieved by the order of the AO, assessee preferred an appeal before the ld.CIT(A) pleading that impugned additions ... notice dated 06/12/2019. Further, the ld.AR assailed that the lower authorities had erred in arriving the cash deposits made during the demonetization period as unexplained money to tax under Section 68 of the Act, without considering the certificate issued by the banker for having deposited SBNs upto 03/12/2016. The Ld.AR