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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

Delta Dealers Private Limited, Kolkata vs. Income Tax Officer Ward 6(3), Kolkata

ITA 650/KOL/2024[2009-10]Status: DisposedITAT Kolkata30 Jun 2025AY 2009-10

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.650/Kol/2024 Assessment Year: 2009-10 Delta Dealers Pvt. Ltd…………………………………………...….……….Appellant Baltikuri, Kalitala, P.O. Dasnagar, Howrah-711113. [Pan: Aaccd9633P] Vs. Ito, Ward-6(3), Kolkata.………….......................……........……...…..…..Respondent Appearances By: Shri Akshay Ringasia, C.A & Taraknath Jaiswal, Advocate, Appeared On Behalf Of The Assessee. Shri Raja Sengupta, Cit, Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 14, 2025 Date Of Pronouncing The Order : June 30, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee Is Directed Against The Order Dated 27.09.2023 Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’] For The Assessment Year 2009-10. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2009-10 Under The Name Of Orange Merchants Pvt. Ltd. Being Its Pan No.Aabco0792P. The Return Of The Assessee Initially Processed U/S 143(1) Of The Act. Subsequently, The Case Of The Assessee Was Reopened U/S 147 Of The Act & The Assessee Complied To The Notices & Assessment Order Was Framed By Determining Total Income Of Rs.45,500/-. Immediately, Thereafter The Said Assessment Order Was Set Aside By The Ld. Pcit, Kolkata-2 By Exercising His Revisionary Jurisdiction U/S 263 Of The Act. In Consequence To That, Notice U/S 142(1) Of The Act Was Issued To The Assessee Directing The Assessee To Submit Detailed Information Regarding The Shareholders Along With Supported Evidences In Respect Of Share Capital & Share

Section 131Section 142(1)Section 143(1)Section 147Section 263Section 68

share subscribing companies and proceeded to treat the entire amount of share capital and share premium aggregating to Rs.16,26,00,000/- as unexplained cash credit u/s 68 of the Act primarily on the ground that the directors of share subscribing companies failed to appear in person even ... documents relating to identity, genuineness of the transaction, and credit-worthiness, then the lower authorities have erred in treating the same as unexplained cash credit u/s 68 and 69C of the Act. 5. On the other hand, the ld. DR supported the order of the Assessing Officer but argued that

Praveena, Chennai vs. ITO, Ncq-8(5), Chennai

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

ITA 804/CHNY/2025[2017-18]Status: DisposedITAT Chennai30 Jun 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.804/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Praveena, Vs. The Income Tax Officer, No. 33/5, Kulakarai 2Nd Street, Non Corporate Ward 8(5), Poonamallee, Chennai 600 056. Chennai. [Pan:Cyqpp5147R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Anandd Babunatha, F.C.A. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 03.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.01.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. The Assessee Raised 5 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Addition Made By The Assessing Officer Under 2

For Appellant: Shri Anandd Babunatha, F.C.AFor Respondent: Ms. R. Anita, Addl. CIT
Section 133(6)Section 142(1)Section 144Section 69A

cash deposits and no return of income filed, the Assessing Officer treated the entire cash deposits of ₹.23,00,000/- as unexplained cash credit under section 69A of the Act and assessed income of the assessee. On appeal, the ld. CIT(A) dismissed the appeal of the assessee since

Sethu Pillai Nagalingam, Thiruvarur vs. ITO, Ward-1, Thiruvarur

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

ITA 1241/CHNY/2025[2017-18]Status: DisposedITAT Chennai30 Jun 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1241/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Sethu Pillai Nagalingam, Vs. The Income Tax Officer, No. 6, Anna Square, Ward 1, Thiruvarur 610 001. Tiruvarur. [Pan:Aadpn3943J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri J. Saravanan, Advocate ""थ" की ओर से/Respondent By : Shri Vijay Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 18.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.02.2025 Passed By The Addl. Jcit(A)-7, Delhi For The Assessment Year 2017-18. 2. The Assessee Raised 8 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Addition Made By The Assessing Officer On Account Of Treating Cash Deposits During Demonetization Period As 2

For Appellant: Shri J. Saravanan, AdvocateFor Respondent: Shri Vijay Kumar, JCIT
Section 133(6)Section 143(1)Section 143(3)Section 68

justified in confirming the addition made by the Assessing Officer on account of treating cash deposits during demonetization period as 2 I.T.A. No.1241/Chny/25 unexplained cash credit under section 68 of the Income Tax Act, 1961 [“Act” in short]. 3. Brief facts relating to the case are that the assessee derives ... customers/client, the Assessing Officer did not accept the explanations of the assessee and the amount of ₹.2,15,500/- is treated as unexplained cash credit under section 68 of the Act and added to the total income of the assessee. On appeal, the ld. CIT(A) confirmed the addition made

Prashul Real Estate Private Limited, Mumbai vs. Income Tax Officer - Ward 13(1)(1), Mumbai City

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

ITA 2634/MUM/2025[2018-2019]Status: DisposedITAT Mumbai30 Jun 2025AY 2018-2019

Bench: Smt. Beena Pillai & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 2634/Mum/2025 (नििाारण वर्ा / Assessment Year :2018-19) Prashul Real Estate Pvt. V/S. Ito-Ward 13(1)(1) Ltd. बिाम Aayakar Bhavan, M. K. 2Nd Floor, Gita Building, Road, New Marine Lines, Next To Hp Petrol Pump, Churchgate, Maharashtra- Near Sion Circle, Sion 400020 (East), Maharashtra- 400022 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaicp3419M Appellant/अपीलार्थी .. Respondent/प्रनिवादी

For Appellant: Shri Margav Shukla & ShriFor Respondent: Mr. R. A. Dhyani
Section 250Section 68

given facts circumstances and judicial pronouncements Commissioner of Ld. Income Tax (Appeals) erred in confirming the addition on account of unexplained Cash credits under section 68. Such addition made is bad in facts and in law and liable to be deleted. 3. Without prejudice to the above, On the given ... facts circumstances and judicial pronouncements Ld. Commissioner of Income Tax (Appeals) erred in confirming the addition on account of unexplained Cash credits under section 68. Such addition made is excessive in facts and in law and liable to be reduced. 4. On the given facts circumstances and judicial pronouncements Commissioner

Dy. Commissioner of Income-Tax-1(1)(1), Mumbai vs. M/S. Chopra Strips Limited, Rajasthan

In the result, the appeal filed by the revenue is dismissed

ITA 6818/MUM/2024[2012]Status: DisposedITAT Mumbai30 Jun 2025

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 6818/Mum/2024 (नििाारण वर्ा / Assessment Year :2012-13) Dcit-1(1)(1), Mumbai V/S. M/S. Chopra Strips Ltd. बिाम Room No. 579A, 5 Th Floor, D-194-195, Boranada Agro Aayakar Bhawan, Mumbai- Food Park, Jodhpur, 400020 Rajasthan-342008 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaccc3063C Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Vinod Kumar Bindal/Shri Satish Gupta राजस्व की ओर से /Revenue By: Shri Yogesh Kumar, Sr. Dr.

For Appellant: Shri Vinod Kumar Bindal/ShriFor Respondent: Shri Yogesh Kumar, Sr. DR
Section 143(1)Section 143(3)Section 148Section 68

assessed income of Rs. 2,58,18,052 after making an addition of Rs. 2,60,00,000/- on account of unexplained cash credit u/s 68 of the Act. 4. Aggrieved with the order of the Ld. AO, the assessee preferred an appeal before the Ld. CIT(A). Vide order ... USHI, Ld. AO came to the conclusion that the amounts received from these parties by way of share capital premium is unexplained cash credit as per the provisions of Section 68 of the Act as the assessee had failed to prove the creditworthiness of the entities and genuineness