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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

ACIT, New Delhi vs. M/S. Sea Point Trading & Builders Pvt. Ltd., New Delhi

In the result, the appeal of the assessee is dismissed

ITA 1731/DEL/2016[2012-13]Status: DisposedITAT Delhi18 Jun 2025AY 2012-13

Bench: Ms. Madhumita Roy, Judical Member & Shri Manish Agarwalasst. Commissioner Of M/S. Sea Point Trading & Income Tax, Builders Pvt. Ltd. Central Circle-2, Vs. B-4/43, 2Nd Floor, New Delhi. Safdarjung Enclave, New Delhi-110029. Pan: Aabcs0741C (Appellant) (Respondent) Assessee By Dr. Rakesh Gupta, Adv., Shri Somil Agarwal, Adv. & Shri Deepesh Garg, Adv. Department By Shri Virender Kumar Singh, Sr. Dr Date Of Hearing 07/05/2025 Date Of Pronouncement 18/06/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Learned Commissioner Of Income Tax (Appeals)-23, New Delhi [Ld. Cit(A), In Short], Dt. 29.01.2026 In Appeal No. 16/2015-16 For Assessment Year 2012-13 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short). 2. The Revenue Has Taken The Following Grounds Of Appeal: “1. The Order Of Ld. Cit(A) Is Not Correct In Law & On Facts. 2. On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Laws In Deleting The Addition Of Rs.6,35,00,000/- Made By Ao On Account Of Unexplained Cash Credit U/S 68 Of The Act Received From M/S Manan Merchandise Pvt. Ltd.”

Section 127Section 132Section 147Section 148Section 250Section 68

erred in laws in deleting the addition of Rs.6,35,00,000/- made by AO on account of unexplained cash credit u/s 68 of the Act received from M/s Manan Merchandise Pvt. Ltd.” 3. The solitary grievance of the assessee is with regard to the deletion of Rs.6 ... made by AO on account of unexplained cash credit u/s 68 of the Act. ACIT Vs. Sea Point Trading &Builders Pvt. Ltd. 4 Brief facts of the case are that search and seizure operation was carried out u/s 132 of the Act on 08.02.2013 in S.S. Group of cases

ACIT, Circle, Mumbai, Piramal Chamber vs. Abhishek Rajendrakumar Mundra, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 3929/MUM/2024[2016-17]Status: DisposedITAT Mumbai16 Jun 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarआयकर अपील सुं./Ita No. 3929/Mum/2024 (नििाारण वर्ा / Assessment Year :2016-17) Acit, Circle, Mumbai V/S. Abhishek Rajendrakumar 601, 6Th Floor, Piramal बिाम Mundra Chambers, Lalbaug, Parel, C-28, Ameya Building, Mumbai-400012 Behind Ymca, Dn Nagar, Po Azad Nagar, Andheri West, Mumbai-400053 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aacpm5067H Appellant/अपीलार्थी .. Respondent/प्रनिवादी प्रनि आपत्ति सुं./ Co No. 100/Mum/2025 (Arising Out Of Ita No. 3929/Mum/2024) (नििाारण वर्ा / Assessment Year :2016-17) Abhishek Rajendrakumar V/S. Acit, Circle, Mumbai बिाम Mundra 601, 6Th Floor, Piramal C-28, Ameya Building, Chambers, Lalbaug, Parel, Behind Ymca, Dn Nagar, Mumbai-400012 Po Azad Nagar, Andheri West, Mumbai-400053 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aacpm5067H Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Vimal Punmiya राजस्व की ओर से /Revenue By: Shri Aditya Rai, Sr. Dr

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Aditya Rai, Sr. DR
Section 250Section 68

tangible material brought on record to convert these transactions then it is very difficult to treat the sale proceeds of the shares as unexplained cash credit to be added under deeming provisions of section 68. We also found from the records that there was no evidence

Shambhu Dasgupta, Dalkhola vs. Income Tax Officer, Raiganj

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

ITA 221/KOL/2025[2017-18]Status: DisposedITAT Kolkata13 Jun 2025AY 2017-18

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.221/Kol/2025 (नििाारण वर्ा / Assessment Year : 2017-18) Shambhu Dasgupta Vs Income Tax Officer, It Office, Sbi Building, Subhaspally, Dalkhola, Karnojhora, Raiganj, Karandighi, Uttar Dinajpur, West Bengal-733201 Pan No. : Ciwpd 4351 D (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Chandan Sanghai, Ar राजस्व की ओर से /Revenue By : Shri Abhijit Adhikary, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 06/05/2025 घोषणा की तारीख/Date Of Pronouncement : 13/05/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Nfac Delhi Dated 18.11.2024 Passed For Assessment Year 2017-18. 2. At The Outset, On Perusal Of The Appeal Record, I Find That The Appeal Of The Assessee Is Filed Belatedly By 10 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Sufficient Reasons For Delay In Filing The Appeal. In The Said Affidavit, The Assessee Has Sworn That The Assessee Was Suffering From Some Health Issues From 04.01.2025 To 17.01.2025 & Was Under Medical Treatment During This Period, Which Caused The Delay In Filing The Appeal Before The Tribunal Within The Stipulated Period. In Support Of The Same, The Assessee Has Also Enclosed Medical Certificate. Ld. Sr. Dr Also Did Not Raise Any Objection To Condone The Delay. Considering The Facts

For Appellant: Shri Chandan Sanghai, ARFor Respondent: Shri Abhijit Adhikary, Sr. DR
Section 144Section 69A

income of the assessee at Rs.32,08,560/- and made addition of Rs.25,74,200/- u/s.69A of the Act treating the same as unexplained cash credit on account of no documentary evidence furnished by the assessee during the course of assessment proceedings. It was also the submission that

Vardhaman Gem Exports Pvt. Ltd., Mumbai vs. The Income-Tax Officer, Ward 5(3)(1), Mumbai.

In the results, both the appeals are allowed for statistical purposes, in terms mentioned above

ITA 6556/MUM/2024[2013-14]Status: DisposedITAT Mumbai13 Jun 2025AY 2013-14

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2013-14 & Assessment Year: 2014-15 M/S. Vardhaman Gem The Income-Tax Officer, Exports Pvt. Ltd. Ward 5(3)(1), Tara Niwas M Block, 37, Aayakar Bhavan, Vs. 2Nd Floor, J S S Road, M.K.Road, Opera House, Mumbai-400020. Mumbai-400004. Pan: Aabca7908F (Appellant) (Respondent) Present For: Assessee By : Shri Rajesh Shah, Ld. A.R. Revenue By : Shri Byomakesh Pradipta Kumar Panda, Ld. D.R. Date Of Hearing : 26.03.2025 Date Of Pronouncement : 13.06.2025 O R D E R Per : Narender Kumar Choudhry: These Appeals Have Been Preferred By The Assessee Against The Orders Even Dated 017-10-2024, Impugned Herein, Passed By Ld. Commissioner Of Income Tax (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short „The Act‟) For The A.Ys. 2013-14 & 2014-15. M/S. Vardhaman Gem Exports Pvt. Ltd.

For Appellant: Shri Rajesh Shah, Ld. A.RFor Respondent: Shri Byomakesh Pradipta Kumar
Section 147Section 250Section 68

assessing the total income at Rs. 20,77,40,340/- and making the addition of Rs. 20,76,17,499/- on account of unexplained cash credit u/s 68 of the Act. Therefore, the Assessee being aggrieved challenged the said addition before the Ld. Commissioner not only on legal points