← All Phrases

“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

Sanjeev Kumar Goyal, Fatehabad vs. DCIT, CC-2, Ludhiana

In the result, the appeal of the assesse is allowed

ITA 80/CHANDI/2023[2019-20]Status: DisposedITAT Chandigarh22 May 2024AY 2019-20

Bench: This Hon’Ble Tribunal Under Section 253 Of The Income Tax Act, 1961 As Amended From Time To Time. 2. The Assessee Is Aggrieved By The Order Of The Ld. Cit(A) Dt. 20/01/2023 In Appeal No. 10853/2018-19/It/Cit(A)-5/Ldh/2021-22 For The A.Y. 2019-20 Under Section 250(6) Of The Income Tax Act, 1961 Which Was Dismissed. Therefore The Present Second Appeal Under Section 253 Of The Income Tax Act, 1961 Before Us Against The Aforesaid Order Dt. 20/01/2023 Which Is Hereinafter Referred To As The Impugned Order.

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rishaba Marwaha, C.AFor Respondent: Shri Dharamvir, JCIT, Sr. DR
Section 143(2)Section 250(6)Section 253Section 68

profession, or capital gains, nor is it income from 'other sources' because the provisions of sections 69, 69A, 69B and 69C treat unexplained investments, unexplained money, bullion, etc., and unexplained expenditure as deemed income where the nature and source of investment, acquisition or expenditure, as the case may be, have ... profession, or capital gains, nor is it income from "other sources" because the provisions of sections 69,69A, 69B and 69C treat unexplained investment, unexplained money, bullion, etc., and unexplained expenditure as deemed income where the nature and source of investment, acquisition or expenditure, as the case may be, have

Rajiv Kumar Goyal, Dhuri vs. DCIT, CC-2, Ludhiana

In the result, the appeal of the assessee is allowed

ITA 79/CHANDI/2023[2019-20]Status: DisposedITAT Chandigarh22 May 2024AY 2019-20

Bench: This Hon’Ble Tribunal Under Section 253 Of The Income Tax Act, 1961 As Amended From Time To Time. 2. The Assessee Is Aggrieved By Order Of The Ld. Cit(A) Dated 03/02/2023 In Appeal No. 10850/2018-19/It/Cit(A)-5/Ldh/2021-22 For A.Y. 2019-20 Under Section 250(6) Of The Income Tax Act, 1961 Which Was Dismissed. Therefore The Present Second Appeal Under Section 253 Of The Income Tax Act, 1961 Before Us Against The Aforesaid Order Dt. 03/02/2023 Which Is Hereiafter Referred To As The Impugned Order. Factual Matrix 3. The Assessee Had For The Relevant Year I.E; A.Y. 2019-20 Was Also Engaged In The Same Business I.E; Manufacturing Of Pvc Pipes & Had Filed

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rishaba Marwaha, C.AFor Respondent: Shri Dharamvir, JCIT, Sr. D.R
Section 133ASection 139(1)Section 250(6)Section 253

profession, or capital gains, nor as it income from "other sources" because the provisions of section 69, 69A, 69B and 69C treat unexplained investments, unexplained money, bullion etc. and unexplained expenditure as deemed income where the nature and sources of investment, acquisition or expenditure, as the case may be, have ... Judicature at Madras Wherein it is stated that there is a series of five provisions viz.. Section 69-Unexplained investments, Section 69A-Unexplained money, etc., Section 69B-Amoutn of investments, etc., not fully disclosed in books of account 69C-Unexplained expenditure, etc. and 69D-Amount borrowed or repaid

Mr. Jaganathan Anandan, Chennai vs. ITO, Non-Corporate Ward-10(2), Chennai

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

ITA 790/CHNY/2024[2017-18]Status: DisposedITAT Chennai22 May 2024AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.790/Chny/2024 िनधा"रण वष"/Assessment Years: 2017-18 Mr. Jaganathan Anandan, Vs. The Income Tax Officer, Old No. 76, 10, Kannaiah Street, Non Corporate Ward 10(2), Aminjikarai, Chennai 600 029. Chennai 600 034. [Pan: Afzpa9672C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. R. Sridevi, Advocate ""थ" की ओर से/Respondent By : Shri G. Suresh, Jcit सुनवाई की तारीख/ Date Of Hearing : 22.05.2024 घोषणा की तारीख /Date Of Pronouncement : 22.05.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal By The Assessee Is Directed Against The Exparte Order Dated 21.12.2023 Passed By The Ld. Commissioner Of Income Tax, National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18 Dismissing The Appeal For Want Of Prosecution.

For Appellant: Ms. R. Sridevi, AdvocateFor Respondent: Shri G. Suresh, JCIT
Section 142(1)Section 144

compliance, the Assessing Officer proceeded to complete the assessment under section 144 of the Act and inter alia making addition on account of unexplained money and unexplained cash credits and determined the income of the assessee at ₹.22,84,918/-. Having aggrieved by the order of the Assessing Officer

The Muslim Education Soc, Ratnagiri vs. Income Tax Officer, Ratnagiri

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

ITA 588/PUN/2024[2014-15]Status: DisposedITAT Pune16 May 2024AY 2014-15

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.588/Pun/2024 िनधा"रण वष" / Assessment Year : 2014-15 The Muslim Education Soc., Vs. Ito, Ratnagiri. Saitavade, Ratnagiri- 415613 Pan : Aaatt8659C Appellant Respondent Assessee By : Shri Pramod Shingte Revenue By : Shri Manoj Tripathi Date Of Hearing : 30.04.2024 Date Of Pronouncement : 16.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 11.03.2024 Passed By Ld Addl/Jcit(A)-2, Ahmedabad For The Assessment Year 2014-15. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Confirming The Addition By The A.O. U/S 69A Of Rs. 13,17,470/- As Unexplained Money In Respect Of Cash Deposited In Bank Account, In Spite Of The Appellant Having A Clear Explanation For The Source Of Investment. The Appellant Craves Leave To Add To, Amend, Alter, Delete Or Modify All Or Any Of The Above Ground Of Appeal Or Raise A New Ground Of Appeal Before Or At The Time Of Hearing.”

For Appellant: Shri Pramod ShingteFor Respondent: Shri Manoj Tripathi
Section 133(6)Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 69A

case and in law the Ld. CIT(A) erred in confirming the addition by the A.O. u/s 69A of Rs. 13,17,470/- as unexplained money in respect of cash deposited in bank account, in spite of the appellant having a clear explanation for the source of investment. The appellant ... reply. Even after further six days the assessee did not complied with the said notice. The AO 3 therefore added Rs.13,17,470/- as unexplained money u/s 69A of the IT Act & passed the assessment order dated 26-12-2019 u/s 143(3)/147 of the IT Act by determining