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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

Assistant Commissioner of Income Tax, New Delhi vs. Archana Dalmia, Delhi

In the result, appeal of the Revenue is dismissed

ITA 3998/DEL/2024[2014-15]Status: DisposedITAT Delhi10 Jul 2025AY 2014-15

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.3998/िद"ी/2024(िन.व. 2014-15) Assistant Commissioner Of Income Tax, Circle 52(1), 14Th Floor, E-2 Block Civic Centre, ...... अपीलाथ"/Appellant New Delhi 11002 बनाम Vs. Archana Dalmia, 3, Sikandra Road, Kalmia House, New Delhi ..... "ितवादी/Respondent Pan: Aagpd-7794-N Assessee By : S/Shri Kunal Agarwal, Chartered Accountant & Manish Agarwal, Advocate Department By: Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 16/04/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 10/07/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)] Dated 26.06.2024, For The Assessment Year 2014-15. 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Sold 23,500 Shares Of Durga Enterprises P. Ltd., During The Period Relevant To Assessment Year Under Appeal To Pyramid Commodities (P) Ltd. (Unrelated Party) For A Total Consideration Of Rs.19,97,50,000/-. The Assessee Suffered Long Term

For Appellant: S/Shri Kunal Agarwal, Chartered Accountant &For Respondent: Shri Ashish Tripathi, Sr. DR
Section 132Section 132(4)Section 147Section 148Section 55(2)(b)

unexplained on the first instance. Secondly the effective addition is in respect of cost of acquisition which cannot be considered as unexplained cash credit. From a perusal of the factual matrix as above, it is clear that the cost is already the capital of Appellant and the capital gains ... already offered to tax. Therefore, I uphold with the contention of Appellant that the Cost of acquisition cannot be considered as unexplained cash credit and therefore the addition cannot be sustained, and accordingly the addition of Rs.1,50,93,100/-is directed to be deleted. Accordingly, this ground of appeal

Deputy Commissioner of Income Tax, Madurai vs. Subbiah Nadar Jegatheesan, Tirunelveli

In the result, appeal filed by the Revenue stands dismissed

ITA 603/CHNY/2025[2017-18]Status: DisposedITAT Chennai09 Jul 2025AY 2017-18

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:603/Chny/2025 िनधा"रण वष" / Assessment Year: 2017-18 Deputy Commissioner Of Income Subbiah Nadar Jegatheesan, Tax, Vs. 3, Ml Theri Road, Keeraikaranthattu, Central Circle -2, Mahadevankulam, Madurai. Tirunelveli – 627 657. [Pan:Abxpj-7672-F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Ms. E. Pavuna Sundari, C.I.T. ""थ" की ओर से/Respondent By : Shri. R. Venkata Raman, C.A. सुनवाई की तारीख/Date Of Hearing : 03.06.2025 घोषणा की तारीख/Date Of Pronouncement : 09.07.2025

For Appellant: Ms. E. Pavuna Sundari, C.I.TFor Respondent: Shri. R. Venkata Raman, C.A
Section 132Section 142(1)Section 143(2)Section 153ASection 153A(1)Section 68Section 69A

following grounds of appeal: 1. The learned Commissioner of Income Tax (Appeals) erred in deleting the addition of Rs.5,12,000/- as unexplained cash credit u/s 68 of the Act when the assessee did not discharge the onus of proving that there was agricultural income for the current year with ... assessee failed to substantiate the agricultural income of Rs.5,12,000/- with credible documentary evidence. Accordingly, the said amount was treated as unexplained cash credit u/s.68 of the Act and added to the total income. With respect to the aggregate cash deposits of Rs.4,75,43,171/-, the AO noted

ITO Ward 4(4), New Delhi vs. Bharatpuria Finance & Investment Ltd, New Delhi

In the result, order of the CIT(A) on the issues raised before us by the Revenue in its appeal are upheld and appeal of the Revenue is dismissed

ITA 3513/DEL/2019[2013-14]Status: DisposedITAT Delhi09 Jul 2025AY 2013-14

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.3513/ िद"ी /2019 (िन.व. 2013-14) Income Tax Officer, Ward-4(4), R. No. 385A, 3Rd Floor, Cr Building, Ip Estate, ...... अपीलाथ"/Appellant New Delhi 110002 बनाम Vs. Bharatpuria Finance & Investment Ltd., C-4/164, Keshav Puram, Delhi 110035 ..... "ितवादी/Respondent Pan: Aaacb-3662-N Assessee By : Shri Ravi Saini, Managing Director Department By: Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 24/04/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 09/07/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-2, New Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 23.01.2019, For Assessment Year 2013-14. 2. Brief Facts Of The Case As Emanating From Records Are: The Assessee Is A Non Banking Finance Company. The Assessee Filed Its Return Of Income For The Impugned Assessment Year Declaring Nil Income & Claiming Current Year Loss Of Rs.4,02,609/-.

For Appellant: Shri Ravi Saini, Managing DirectorFor Respondent: Shri Ashish Tripathi, Sr. DR
Section 143(3)Section 68

India Rs.2,32,19,000/-; iii. notional interest @12% on the loans and advances given to the different parties Rs.48,70,326/-; iv. unexplained cash credit Rs.25,00,000/-; & v. disallowance of depreciation Rs.2,74,748/-.” 3. Aggrieved by the additions made in assessment order dated 21.03.2016 passed ... Revenue is in appeal assailing deleting of additions on account of; income from undisclosed sources Rs.4,50,00,000/-, unexplained cash credit u/s. 68 of the Act Rs.25,00,000/- and allowing depreciation on fixed assets (computer) Rs.14,941/-. 4. Shri Ashish Tripathi, representing the department vehemently supporting findings