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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

Jayshree Bhalchandra Gutal, Solapur vs. ITO, Ward 2(4), Solapur

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

ITA 897/PUN/2024[2017-18]Status: DisposedITAT Pune25 Jun 2024AY 2017-18

Bench: Shri Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.897/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Jayshree Bhalchandra Gutal, Vs. Ito, Ward-2(4), Bhalu Kumkum, Plot Solapur. No.1228, A/P Kem, Karmala, Solapur- 413223. Pan : Ahzpg6709J Appellant Respondent Assessee By : Shri Pratik Sandbhor Revenue By : Shri Rajesh Gawali Date Of Hearing : 20.06.2024 Date Of Pronouncement : 25.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.02.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Passing An Exparte Order Without Granting Sufficient Opportunity To The Appellant. 2. On The Facts & In The Circumstances Of The Case & In Law The Assessing Officer Erred In Invoking The Provision Of Section 69A Of The Income Tax Act, 1961 In Respect Of Cash Deposits Without Taking Cognizance Of The Fact That The Cash Deposits Have Been Duly Recorded In The Books Of Accounts Of The Appellant.

For Appellant: Shri Pratik SandbhorFor Respondent: Shri Rajesh Gawali
Section 115BSection 143(3)Section 44ASection 69A

determining income of Rs.35,35,600/- of which 3 Rs.23,00,000/- was added u/s 69A of the IT Act as unexplained money deposited in bank account during demonetization period. 4. Since the assessee remained absent in first appeal, LD CIT(A)/NFAC vide order dated 29-02-2024 decided

Krishnasamy Maruthupandian, Virudhunagar vs. ITO, Corp Ward 4, Madurai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 863/CHNY/2024[2013-14]Status: DisposedITAT Chennai24 Jun 2024AY 2013-14

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 863/Chny/2024 िनधा"रण वष"/Assessment Year: 2013-14 Shri Krishnasamy The Income Tax Officer, Maruthupandian, Vs. Corporate Ward-4, D No.2/6/1531 Asari Colony, Madurai. 4Th Street, Satchiyapuram, Sivakasi, Virudhunagar – 626 124. Pan: Agzpm 0804B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri G. Akash, Advocate ""यथ" क" ओर से/Respondent By : Shri Nilay Baran Som, Cit सुनवाई क" तारीख/Date Of Hearing : 24.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 24.06.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi In Order No.Itba/Nfac/S/250/2023- 24/1058168632 (1) Dated 23.11.2023. The Assessment Was Framed By The Addl./Joint/Deputy/Asst. Commissioner Of Income Tax/Income Tax Officer, National Faceless Assessment Centre, Delhi For The Assessment Year 2013-14 U/S.147 R.W.S.144B Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 19.03.2022. 2. The Only Issue In This Appeal Of Assessee Is Against The Order Of Cit(A)-Nfac Confirming The Action Of Ao In Adding The Credits In The Bank Account Amounting To Rs.7,72,83,031/- As Unexplained Money U/S.69A Of The Act By Holding That The Assessee’S Appeal Is Dismissed As Un-Admitted & Infructuous For The Reason That The Assessee Has Not Paid An Amount Equal To The Amount Of Advance Tax In Term Of Section 249(4)(B) Of The Act.

For Appellant: Shri G. Akash, AdvocateFor Respondent: Shri Nilay Baran Som, CIT
Section 147Section 148Section 249(4)(b)Section 69A

NFAC confirming the action of AO in adding the credits in the bank account amounting to Rs.7,72,83,031/- as unexplained money u/s.69A of the Act by holding that the assessee’s appeal is dismissed as un-admitted and infructuous for the reason that the assessee has not paid

Sushil Balasaheb Gondhale, Pune vs. Income Tax Officer Ward 14(2), Pune

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 454/PUN/2024[2017-18]Status: DisposedITAT Pune21 Jun 2024AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.454/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Sushil Balasaheb Gondhale, Vs. Ito, Ward-14(2), Pune. 49/3, Triveni Nagar Housing Society, Opp. Vaibhav Theatre, Hadapsar, Pune- 411028. Pan : Asppg5370A Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Sourabh Nayak Date Of Hearing : 11.06.2024 Date Of Pronouncement : 21.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.12.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & The Circumstances Of The Case & In Law, Lower Authorities Erred In Passing Ex-Parte Order & Erred In Deciding The Issue Only On The Basis Of Material Available With Them, This Action Is Being Violative Of Principal Of Natural Justice. Your Appellant Prays For Granting Opportunity Of Hearing Before Lower Authorities.

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Sourabh Nayak
Section 115BSection 142(1)Section 144Section 69A

order dated 28-11-2019 determining the total income of the assessee at Rs.56,18,803/-, out of which Rs.32,52,000/- was unexplained money u/s 69A of the IT Act & Rs.23,66,803/- was business income. 4. Since the assessee remained absent in first appeal hearing, vide impugned order