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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

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 6551/MUM/2024[2014-15]Status: DisposedITAT Mumbai13 Jun 2025AY 2014-15

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

Sourabh Kumar Vishamvar Singh, Adajan Surat vs. ITO Ward 2(5), Income Tax Office, Court Area, Near Jamui More

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

ITA 331/PAT/2023[2017-18]Status: DisposedITAT Patna12 Jun 2025AY 2017-18

Bench: Shri Duvvuru Rl Reddy(Through Virtual Hearing At Kolkata) Sourabh Kumar Vishamvar Vs Ito, Ward-2(5), Near Jamui Singh, More, Lakhisarai, A-301, Keshav Complex, Bihar Honey Park Road, Adjan, Surat Gujarat-395009 Pan No. :Cgspk 5166 K (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri Mehul Shah, Ca रधजस्व की ओर से /Revenue By : Shri Ashwani Kr. Singal, Jcit सुनवाई की तारीख / Date Of Hearing : 23/04/2025 घोषणा की तारीख/Date Of Pronouncement : 12/06/2025 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)-3, Patna, Dated 18.09.2023 Passed For Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal :- 1. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Of The Assessing Officer In Making Addition Of Rs. 24,00,000/- On Account Of Unexplained Cash Credit U/S. 68 Of The I.T Act, 1961. 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Of The Assessing Officer In Taxing The Addition By Taking The Rate @77.25% By Attracting S. 115Bbe Instead Of Normal Tax Rate. 3. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Of The Assessing Officer In Taxing The Income U/S 115Bbe @ 77.25% In A Retrospective Manner By Applying The Duly Substituted S.115Bbe Inserted Retroactive Instead Of Taxing It At 35.54% As Per The Old Provisions Of S.115Bbe.

For Appellant: Shri Mehul Shah, CAFor Respondent: Shri Ashwani Kr. Singal, JCIT
Section 115BSection 68

erred in confirming the action of the assessing officer in making addition of Rs. 24,00,000/- on account of unexplained cash credit u/s. 68 of the I.T Act, 1961. 2. On the facts and circumstances of the case as well as law on the subject, the learned

Irm Private Limited, Ahmedabad vs. The DCIT, Circle-2(1)(1), Ahmedabad

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

ITA 1590/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad10 Jun 2025AY 2011-12

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No. 1590/Ahd/2024 िनधा"रण वष" /Assessment Year : 2011-12 Irm Private Limited, The Deputy Commissioner Irm House, बनाम/ Of Income Tax, V/S. Off. C.G Raod, Circle 2(1)(1), Navrangpura, Ahmedabad. Ahmedabad-380009. "थायी लेखा सं./Pan: Aaaci3678M अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Bandish Soparkar, Ar Revenue By : Shri Abhijit, Sr-Dr

For Appellant: Shri Bandish Soparkar, ARFor Respondent: Shri Abhijit, SR-DR
Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 144Section 147Section 148Section 14ASection 194HSection 194J

unexplained expenditure in cash incurred during a month as reflected in NMS; and (iii) Rs. 10,12,600/- under section 68, being unexplained cash credits received through an employee’s bank account into the company account, as per report from ITO Jalandhar. 4. Accordingly, the AO determined total assessed income ... NFAC erred in confirming the action of the Ld. AO in making an addition of INR 10,12,600/- on account of alleged unexplained cash credits' under section 68 of the IT Act. 9. On the facts and in the circumstances of the case and in law, the NFAC erred