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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

Boraiah Sarala Ashwath Narayan, Bangalore vs. Income Tax Officer, Ward-3(2)(3), Bangalore

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

ITA 1037/BANG/2023[2017-18]Status: DisposedITAT Bangalore07 Feb 2024AY 2017-18

Bench: Shri George George K. & Shri Chandra Poojariassessment Year: 2017-18 Boraiah Sarala Ashwath Narayan No.375, I Road, Ideal Homes Ito Rajarajeshwarinagar Ward-3(2)(3) Vs. Bangalore 560 098 Bangalore Pan No: Bkipa9121M Assessee Respondent Assessee By : Shri Sripada M., A.R. Revenue By : Shri Ganesh R. Ghale, Standing Counsel For Revenue. Date Of Hearing : 07.02.2024 Date Of Pronouncement : 07.02.2024 O R D E R Per Chandra Poojari: This Appeal By Assessee Is Directed Against Order Of Nfac For The Assessment Year 2017-18 Dated 12.10.2023 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”). 2. The Only Issue In This Appeal Is With Regard To Sustaining Of Addition Of Rs.8.2 Lakhs U/S 69A Of The Act By Charging Tax At 60% U/S 115Bbe Of The Act. 3. Facts Of The Case Are That As Per Its Details, The Assessee Is Maintaining Bank Accounts In Canara Bank, Vide A/C.No.2529101021757 & Cash Deposit Made During Period Year Is Rs. 11,40,000/-. The Cash Deposits During The Period Are Made Out Of Previous Cash Withdrawals From The Banks. The Ld. Ao Has Considered The Cash Withdrawals & Worked Out The Withdrawals Available For Redeposit. Boraiah Sarala Ashwath Narayan, Bangalore

For Appellant: Shri Sripada M., A.RFor Respondent: Shri Ganesh R. Ghale, Standing Counsel for Revenue
Section 115BSection 250Section 271ASection 69A

unexplained cash deposits during the period. The total unexplained cash deposits during the period taxable U/S.69A are at Rs.8,20,000/-. The above unexplained money of Rs.8,20,000/- u/s.69A is to be taxed as per section 115BBE of the Act. Hence, ld. AO held that section 271AAC is attracted