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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

Bindu Salesh Viswambharan, Dombivili (E) vs. ITO Ward 3(1), Kalyan

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

ITA 1065/PUN/2023[2017-2018]Status: DisposedITAT Pune26 Apr 2024AY 2017-2018

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1065/Pun/2023 िनधा"रण वष" / Assessment Year: 2017-18 Bindu Salesh Viswambharan, Vs. Ito, Ward-3(1), Kalyan. A-5, Krishna Niwas, Chiplunkar Road, Ramnagar- 421201. Pan : Aknps5156Q Appellant Respondent Assessee By : Shri Hitesh P. Shah Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 18.04.2024 Date Of Pronouncement : 26.04.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 09.08.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Hon. C1T(A) Ought To Have Appreciated The Fact That The Appellant Could Not Represent Her Case Due To Circumstances Beyond Her Control. 2 The Hon. Cit(A) Erred In Confirming The Addition Of Cash Deposit Of Rs.77.94,000/- U/S.69A Of The Income Tax Act, Made By The Ao Without Appreciating The Facts & Circumstances Of The Case.

For Appellant: Shri Hitesh P. ShahFor Respondent: Shri Ramnath P. Murkunde
Section 142(1)Section 143(2)Section 143(3)Section 68Section 69A

determining the income of the assessee at Rs.1,59,41,260/-, by making addition of Rs.77,94,000/- u/s.69A of the Act as unexplained money & of Rs.68,05,000/- u/s.68 of the Act as unexplained credit, respectively. 4. Since the assessee did not file any submission, Ld CIT(A)/NFAC

Md. Neyaz Hasan, Kolkata vs. ITO, Ward 25(3), Kolkata

The appeal of the assessee is treated as allowed for statistical purposes

ITA 1435/KOL/2023[2017-18]Status: DisposedITAT Kolkata23 Apr 2024AY 2017-18

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.1435/Kol/2023 Assessment Year: 2017-18 Md. Neyaz Hasan……………………..…………… ........................……Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata- 7000069. [Pan: Argpn2639D] Vs. Ito, Ward-25(3), Kolkata...................…................…........……...…..…..Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri S. Datta, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 27, 2024 Date Of Pronouncing The Order : April 23, 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 27.07.2023 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 Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That The Ld. Cit(A) Was Not Justified In Passing An Ex-Parte Order Without Providing Any Reasonable Opportunity Of Hearing.

Section 115BSection 250Section 69A

that the Ld. CIT(A) was not justified in confirming the addition of Rs.6,70,48,551/- made by the A.O. u/s 69A as unexplained money and wrongly applying the provision of section 115BBE thereon. 3. Without Prejudice to the above, the Ld. CIT(A) ought to have applied