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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

DCIT Central Circle 2(1), Chennai vs. M/S Appu Food Products, Cuddalore Chennai

ITA 667/CHNY/2023[2019-20]Status: DisposedITAT Chennai24 Jan 2024AY 2019-20

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकरअपीलसं./Ita Nos.: 663, 664 & 667/Chny/2023 & Co Nos.: 30, 31 & 32/Chny/2023 िनधा"रणवष" / Assessment Years: 2017-18, 2018-19 &2019-20 Deputy Commissioner Of Income M/S. Appu Food Products, Tax, V. K-1, Sidco Industrial Estates, Central Circle 2(1), Vadalur, Cuddalore – 607 303. Room No. B3, Ground Floor, [Pan: Aabfa-1499-G] Investigation Building, Chennai – 34. (अपीलाथ"/Appellant) (Respondent/Cross Objector) अपीलाथ"क"ओरसे/Appellant By : Shri. Nilay Baran Som, Cit Respondent/Cross Objector By : Shri. M. V. Prasad, Ca सुनवाई क" तारीख/Date Of Hearing : 21.12.2023 घोषणा क" तारीख/Date Of Pronouncement : 24.01.2024

For Appellant: Shri. Nilay Baran Som, CIT
Section 132

excel sheets, worked out total cash given/received from the appellant for three assessment years and made additions u/s. 69A of the Act as unexplained money. The Assessing Officer, while computing total amount of cash transactions has appended two zeros into cash transactions appearing in seized material, i.e. excel sheet ... assessee has also filed certain additional evidences including the alleged cash transactions considered by the Assessing Officer for working out unexplained money u/s. 69A of the Act for all three assessment years. During the course of appellant proceedings, the ld. CIT(A) called for remand report from the Assessing Officer

DCIT Central Circle 2(1), Chennai vs. M/S. Appu Direct Pvt. Ltd., Cuddalore

ITA 666/CHNY/2023[2018-19]Status: DisposedITAT Chennai24 Jan 2024AY 2018-19

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकरअपीलसं./Ita Nos.: 665 & 666/Chny/2023 & Co Nos.: 37 & 38/Chny/2023 िनधा"रणवष" / Assessment Years: 2017-18 & 2018-19 Deputy Commissioner Of Income M/S. Appu Direct Pvt Ltd., Tax, V. S.No. 544/4A, 4B Opposite To Central Circle 2(1), National College, Kumbakonam, Room No. B3, Ground Floor, Panruti, Cuddalore – 607 103. Investigation Building, [Pan: Aawcs-9382-A] Chennai – 34. (अपीलाथ"/Appellant) (Respondent/Cross Objector) अपीलाथ"क"ओरसे/Appellant By : Shri. Nilay Baran Som, Cit Respondent/Cross Objector By : Shri. M. V. Prasad, Ca सुनवाई क" तारीख/Date Of Hearing : 21.12.2023 घोषणा क" तारीख/Date Of Pronouncement : 24.01.2024

For Appellant: Shri. Nilay Baran Som, CIT
Section 132

38/Chny/2023 excel sheets, worked out total cash given/received from the appellant for both assessment years and made additions u/s. 69A of the Act as unexplained money. The Assessing Officer, while computing total amount of cash transactions has appended two zeros into cash transactions appearing in seized material, i.e. excel sheet ... assessee has also filed certain additional evidences including the alleged cash transactions considered by the Assessing Officer for working out unexplained money u/s. 69A of the Act for all both assessment years. During the course of appellant proceedings, the ld. CIT(A) called for remand report from the Assessing Officer

DCIT Central Circle 2(1), Chennai vs. M/S. Appu Direct Pvt. Ltd., Cuddalore

ITA 665/CHNY/2023[2017-18]Status: DisposedITAT Chennai24 Jan 2024AY 2017-18

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकरअपीलसं./Ita Nos.: 665 & 666/Chny/2023 & Co Nos.: 37 & 38/Chny/2023 िनधा"रणवष" / Assessment Years: 2017-18 & 2018-19 Deputy Commissioner Of Income M/S. Appu Direct Pvt Ltd., Tax, V. S.No. 544/4A, 4B Opposite To Central Circle 2(1), National College, Kumbakonam, Room No. B3, Ground Floor, Panruti, Cuddalore – 607 103. Investigation Building, [Pan: Aawcs-9382-A] Chennai – 34. (अपीलाथ"/Appellant) (Respondent/Cross Objector) अपीलाथ"क"ओरसे/Appellant By : Shri. Nilay Baran Som, Cit Respondent/Cross Objector By : Shri. M. V. Prasad, Ca सुनवाई क" तारीख/Date Of Hearing : 21.12.2023 घोषणा क" तारीख/Date Of Pronouncement : 24.01.2024

For Appellant: Shri. Nilay Baran Som, CIT
Section 132

38/Chny/2023 excel sheets, worked out total cash given/received from the appellant for both assessment years and made additions u/s. 69A of the Act as unexplained money. The Assessing Officer, while computing total amount of cash transactions has appended two zeros into cash transactions appearing in seized material, i.e. excel sheet ... assessee has also filed certain additional evidences including the alleged cash transactions considered by the Assessing Officer for working out unexplained money u/s. 69A of the Act for all both assessment years. During the course of appellant proceedings, the ld. CIT(A) called for remand report from the Assessing Officer

DCIT Central Circle 2(1), Chennai vs. M/S Appu Food Products, Cuddalore Chennai

ITA 664/CHNY/2023[2018-19]Status: DisposedITAT Chennai24 Jan 2024AY 2018-19

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकरअपीलसं./Ita Nos.: 663, 664 & 667/Chny/2023 & Co Nos.: 30, 31 & 32/Chny/2023 िनधा"रणवष" / Assessment Years: 2017-18, 2018-19 &2019-20 Deputy Commissioner Of Income M/S. Appu Food Products, Tax, V. K-1, Sidco Industrial Estates, Central Circle 2(1), Vadalur, Cuddalore – 607 303. Room No. B3, Ground Floor, [Pan: Aabfa-1499-G] Investigation Building, Chennai – 34. (अपीलाथ"/Appellant) (Respondent/Cross Objector) अपीलाथ"क"ओरसे/Appellant By : Shri. Nilay Baran Som, Cit Respondent/Cross Objector By : Shri. M. V. Prasad, Ca सुनवाई क" तारीख/Date Of Hearing : 21.12.2023 घोषणा क" तारीख/Date Of Pronouncement : 24.01.2024

For Appellant: Shri. Nilay Baran Som, CIT
Section 132

excel sheets, worked out total cash given/received from the appellant for three assessment years and made additions u/s. 69A of the Act as unexplained money. The Assessing Officer, while computing total amount of cash transactions has appended two zeros into cash transactions appearing in seized material, i.e. excel sheet ... assessee has also filed certain additional evidences including the alleged cash transactions considered by the Assessing Officer for working out unexplained money u/s. 69A of the Act for all three assessment years. During the course of appellant proceedings, the ld. CIT(A) called for remand report from the Assessing Officer