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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

Accurate Shoppers Pvt. Ltd., Kolkata vs. ITO, Ward-4(3), Kolkata

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

ITA 537/KOL/2024[2012-13]Status: DisposedITAT Kolkata12 Jun 2024AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 537/Kol/2024 Assessment Year: 2012-13 Accurate Shoppers Pvt. Ltd. Income Tax Officer, Ward – 4(3), 5/1, 4Th Floor Vs Kolkata Room No. 125, Clive Row Kolkata - 700001 [Pan : Aaica9908Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddarth Agarwal, Advocate Revenue By : Shri P.P. Barman, Addl. Cit D/R सुनवाई क" तारीख/Date Of Hearing : 05/06/2024 घोषणा क" तारीख /Date Of Pronouncement: 12/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Dt. 30/01/2024, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For Assessment Year 2012-13. 2. Brief Facts Of The Case Are That The Assessee Is A Private Limited Company. It Declared Loss Of Rs.65,724/- In The Return Filed On 26/03/2013 For Assessment Year 2012-13. Case Of The Assessee Selected For Scrutiny & After Making Addition Of Rs.8.67 Crores, Assessment U/S 143(3) Of The Act Completed On 23/03/2015. Thereafter Based On Information Received From Ito, Investigation, Unit-1, Kolkata, Re- Assessment Proceedings Were Carried Out Alleging That The Income Subject To Tax Has Escaped Assessment & Notice Was Issued On 2

For Appellant: Shri Siddarth Agarwal, AdvocateFor Respondent: Shri P.P. Barman, Addl. CIT D/R
Section 143(2)Section 143(3)Section 144Section 250Section 69A

Assessing Officer passed the best judgment assessment order u/s 144 r.w.s. 147 of the Act making further addition of Rs.1.05 Crores for the unexplained money received from M/s. Dharmik Vintrade Pvt. Ltd., to the earlier assessed income at Rs.8,67,65,724/- and assessed income at Rs.9 ... Assessing Officer during the proceedings. It is also observed that one of the additions made by the ld. Assessing Officer is towards unexplained money u/s 69A of the Act received from M/s. Dharmik Vintrade Pvt. Ltd.. The assessee filed the paper book containing various details including ledger account, sales

Ramasamy Sathiyan, Karur vs. ACIT Central Circle 2, Trichy

In the result, the appeal filed by the assessee is dismissed

ITA 324/CHNY/2022[2018-19]Status: DisposedITAT Chennai12 Jun 2024AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.324/Chny/2022 िनधा"रण वष"/Assessment Years: 2018-19 Ramasamy Sathyan, Vs. The Assistant Commissioner Of 32, Kamarajapuram North, Income Tax, Karur, Tamil Nadu 639 002. Central Circle 2, [Pan: Aayps7833F] Trichy. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/ Date Of Hearing : 09.05.2024 घोषणा की तारीख /Date Of Pronouncement : 12.06.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal By The Assessee Is Directed Against The Order Dated 08.03.2022 Passed By The Ld. Principal Commissioner Of Income Tax (Central), Chennai-2, Chennai Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short] For The Assessment Year 2018-19..

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 10Section 143(3)Section 156Section 263Section 263(1)

Assessing Officer has completed the assessment under section 143(3) r.w.s. 153C of the Act, inter alia, making addition on account of unexplained money under section 69A of the Act dated 27.12.2019. On an examination of the assessment record and materials seized during the course of search, the ld. PCIT

Krishan Gas Agency, Bangalore vs. Assisstant Commissioner of Income Tax, Circle-3 (2)(1), Bangalore

In the result, the appeal filed by assessee stands allowed for 11

ITA 540/BANG/2024[2017-18]Status: DisposedITAT Bangalore12 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeykrishan Gas Agency Acit, Circle - 3(2)(1) No. B-6, Gda Shopping Complex Bmtc Building, 80 Feet Road Mrcr Layout, Vijaya Nagar Vs. 6Th Block, Koramangala Bangalore 560040 Bengaluru 560095 Pan – Aaffk4416P (Appellant) (Respondent) Assessee By: Smt. Suman Lunkar, Ca Revenue By: Shri V. Parithivel, Jcit Date Of Hearing: 07.05.2024 Date Of Pronouncement: 12.06.2024 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 National Faceless Appeal Centre, Delhi (‘Learned Cit(A)’) Dated 29.01.2024 Vide Din & Order No. Itba/Nfac/S/250/2023-24/1060208638 (1) Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Learned Commissioner Of Income-Tax (Appeals) Has Erred In Partially Confirming The Order Passed By The Assessing Officer. The Appellate Order As Passed To The Extent Confirming He Assessment Order Is Bad In Law & Are Required To Be Quashed. 2. Without Prejudice, The Learned Cit(A) Has Erred In Partially Confirming The Addition Made By The Assessing Officer To The Extent

For Appellant: Smt. Suman Lunkar, CAFor Respondent: Shri V. Parithivel, JCIT
Section 115BSection 143(3)Section 234BSection 250Section 68

time of hearing it is requested that the impugned orders be quashed or at least addition made by treating the cash deposits made as unexplained money u/s 68 of the Act be deleted, levy of tax at special rates be deleted and the interest levied be also deleted

Suri Babu Chekuri, Hyderabad vs. Income Tax Officer (Int Taxn)-1, Hyderabad

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

ITA 191/HYD/2024[2021-22]Status: DisposedITAT Hyderabad11 Jun 2024AY 2021-22

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ.अपी.सं/Ita No. 191/Hyd/2024 (नििाारण वर्ा/Assessment Year: 2021-22) Suri Babu Chekuri, Vs. Income Tax Officer, Hyderabad (Int Taxn)-1, [Pan No. Ajjpc2790D] Hyderabad अपीलार्थी/Appellant प्रत् यर्थी/Respondent नििााररती द्वारा/Assessee By: Shri Vamsi, Ar Appeared For Shri G. Srinivasa Rao, Ar (Through Virtual Mode) राजस् व द्वारा/Revenue By: Ms. Sheetal Sarin, Dr सुिवाई की तारीख/Date Of Hearing: 03/06/2024 घोर्णा की तारीख/Pronouncement On: 11/06/2024 आदेश / Order Per Madhusudan Sawdia, A.M: This Appeal Has Been Filed At The Instance Of Shri Suri Babu Chekuri (‘The Assessee’), Against The Order Dated 29/12/2023 Passed By The Learned Commissioner Of Income Tax (Appeals)-10, Hyderabad, (“Ld. Cit(A)”) Relating To The Assessment Year (Ay) 2021-22. 2. The Grounds Raised By The Assessee Reads As Under : “1. That The Order Of The Learned Commissioner Of Income Tax (Appeals) In Upholding The Addition Of Rs. 20,25,000/- Towards Unexplained Money U/S 69A Of Income Tax Act, 1961 Is Wholly Unsustainable In Law & On Facts. 2. That On The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax, Appeals Has Erred In Upholding The Addition Of Rs. 20,25,000/- Towards Unexplained Money U/S 69A Of The Act Even Though The Appellant Has The Sufficient Sources For The Said Cash Deposits Made In To His Bank Account.

For Appellant: Shri Vamsi, AR appeared for Shri G. Srinivasa Rao, ARFor Respondent: Ms. Sheetal Sarin, DR
Section 144Section 69A

under : “1. That the order of the Learned Commissioner of Income Tax (Appeals) in upholding the addition of Rs. 20,25,000/- towards unexplained money u/s 69A of Income Tax Act, 1961 is wholly unsustainable in law and on facts. 2. That on the facts and circumstances of the case ... learned Commissioner of Income Tax, Appeals has erred in upholding the addition of Rs. 20,25,000/- towards unexplained money u/s 69A of the Act even though the appellant has the sufficient sources for the said cash deposits made in to his bank account. 3. The appellant craves leave