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“unexplained cash credit”

Cash Credits & Unexplained ItemsSection 68Section 687,118 judgments

The decision most relied on for unexplained cash credit is Sumati Dayal v. CIT (214 ITR 801), cited in 1,967 judgments on BharatTax.

Leading authorities on unexplained cash credit

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

CIT v. Orissa Corporation Pvt. Ltd.
159 ITR 78 · 1986 · Supreme Court
897
citing judgments

When an assessee provides the identity and address of a creditor or investor for a cash credit or share capital under Section 68, the burden shifts to the Department to establish lack of genuineness or creditworthiness, requiring it to conduct further inquiries; mere non-compliance by third parties to summons cannot be the sole basis for an adverse inference against the assessee.

(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.

CIT v. P. Mohanakala
291 ITR 278 · 2007 · Supreme Court
525
citing judgments

The Supreme Court emphasized that in the absence of concrete rebuttal by the assessee, circumstantial evidence holds significant weight, applying the doctrine of preponderance of probability, particularly when assessing undisclosed income or unexplained cash credits.

Judgments citing unexplained cash credit

Deputy Commissioner of Income Tax, Central Circle-03, Delhi vs. Haryana Constructions Pvt Ltd, Gurugram

In the result, cross objection of the assessee is allowed and appeal

ITA 2755/DEL/2023[2017-18]Status: DisposedITAT Delhi16 Jul 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.Dcit, Vs. Haryana Constructions Pvt. Ltd, Central Circle-03, 14 Marla, Plot No. 7P, Sector-47, New Delhi Urban Estate, Ue 029, Gurugram, Haryana 122001 (Appellant) (Respondent) Pan: Aacch1215R Co 43/Del/2024 (In Ita No. 2755/Del/2023) (Assessment Year: 2017-18) Haryana Constructions Pvt. Ltd, Vs. Dcit, 14 Marla, Plot No. 7P, Sector-47, Central Circle-03, Urban Estate, Ue 029, New Delhi Gurugram, Haryana 122001 (Appellant) (Respondent) Pan: Aacch1215R Assessee By : Shri Gautam Jain, Adv Shri Parth Singhal, Adv Shri Ankit Kumar, Adv Revenue By: Ms. Sita Shrivastava, Cit (Dr) Date Of Hearing 21/05/2025 Date Of Pronouncement 16/07/2025

For Appellant: Shri Gautam Jain, AdvFor Respondent: Ms. Sita Shrivastava, CIT (DR)
Section 132Section 133ASection 153ASection 153CSection 153D

Gopal Group. Hence, in the assessment of the assessee, this sum of Rs. 125,55,00,000/- was sought to be added as unexplained cash credit u/s 68 of the Act by the ld AO together with commission expenditure incurred for earning such accommodation entry @3% amounting ... sale consideration received on sale of shares of Brij Gopal Construction Company Pvt. Ltd from the said 7 entities cannot be treated as unexplained cash credit u/s 68 of the Act and cannot be treated as accommodation entries. Consequentially the estimated commission expenditure @3% on account of alleged accommodation entries

Sajal Impex Pvt. Ltd., Kolkata vs. ITO, Ward 12(1), Kolkata

The appeal of the assessee is allowed

ITA 265/KOL/2025[2012-13]Status: DisposedITAT Kolkata15 Jul 2025AY 2012-13

Bench: Shri Duvvuru Rl Reddy & Shri Rakesh Mishraay 2012-13 Income Tax Officer, Sajal Impex Pvt. Ltd. Ward 12(1), 4, Synagogue Street, Vs. Aaykar Bhawan, Kolkata-700001, West Bengal P-7, Chowringhee Square, (Pan: Aahcs5794D) Kolkata-700069, West Bengal (Appellant) (Respondent) Present For: Appellant By : Shri Miraz D Shah, Ar Respondent By : Shri S.B. Chakraborty, Dr Date Of Hearing : 17.06.2025 Date Of Pronouncement : 15.07.2025 O R D E R Per Rakesh Mishra: This Appeal Filed By The Assessee Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As “The Ld. Cit(A)”) Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For Ay 2012-13 Dated 28.11.2024. 02. The Grounds Of Appeal Raised By The Assessee Are Reproduced As Un- Der:

For Appellant: Shri Miraz D Shah, ARFor Respondent: Shri S.B. Chakraborty, DR
Section 133(6)Section 139(1)Section 142(1)Section 147Section 148Section 250Section 68

firm opinion that the AO had rightly made the addition of investment appearing in the books of the appellant as unexplained cash credits. 5.4.3 The Hon'ble Supreme Court in the decision of PCIT vs M/s .NRA Iron and Steel Pvt. Ltd., dated 5th March, 2019 (103 taxmann.com 48) held ... judicial pronouncements discussed above and also relied on the remand report submitted by the JAO, I agree with the AO that these are unexplained cash credits in the books of the appellant and the addition of Rs. 98,95,752/- is confirmed. This ground of appeal is dismissed.” 04. Aggrieved

Mallur Kaligounder Muthamil, Salem vs. ACIT Circle 1, Hosur

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

ITA 713/CHNY/2025[2017-18]Status: DisposedITAT Chennai10 Jul 2025AY 2017-18

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunathaआयकर अपील सं./Ita No.:713/Chny/2025 िनधा"रण वष" / Assessment Year: 2017-18 Mallur Kaligounder Muthamil, The Assistant Commissioner Of D.No.106, Trichy Main Road, Vs. Income Tax, Mallur Post, Circle -1, Hosur. Salem – 636 203. [Pan:Cowpm-3525-G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Shri. S.Sridhar, Advocate (Erode) (Virtual) ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, J.C.I.T. सुनवाई की तारीख/Date Of Hearing : 02.06.2025 घोषणा की तारीख/Date Of Pronouncement : 10.07.2025 आदेश /O R D E R

For Appellant: Shri. S.Sridhar, Advocate (Erode) (Virtual)For Respondent: Ms. Gouthami Manivasagam, J.C.I.T
Section 143(3)Section 69A

allegation of any irregularity in the books of accounts. 6. We find that the only reasoning to treat the said deposits as unexplained cash credit u/s 68 is that the assessee was debarred from dealing in SBN after 08-11-2016. However, in the present case, the cash so received ... accounts. Therefore, the source of cash is duly explained. The provisions of Sec.68 could be invoked only in cases when there was unexplained cash credit in the books of accounts maintained by the assessee. However, the assessee has duly identified the debtors from whom the cash was received