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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

Dilip Tahlani & Sons HUF, Kolkata vs. ITO, Ward- 26(2), Kolkata

The appeal of the assessee is allowed

ITA 354/KOL/2025[2012-13]Status: DisposedITAT Kolkata21 May 2025AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.354/Kol/2025 Assessment Year: 2012-13 Dilip Tahlani & Sons Huf……………………………………...….……….Appellant C/O Subash Agarwal & Associates, Advocate Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aafhd1429P] Vs. Ito, Ward-26(2), Kolkata.………….....................……........……...…..…..Respondent Appearances By: Shri Siddharth Agrawal, Advocate, Appeared On Behalf Of The Assessee. Shri Archana Gupta, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 14, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee Is Directed Against The Order Dated 26.09.2024 Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, It Is Noted That There Is A Delay Of 81 Days In Filing The Instant Appeal Before The Tribunal. The Assessee Has Submitted An Application For Condonation Of Such Delay Explaining Reasons For The Delay. We, After Perusing The Petition Made In The Application, Satisfy

Section 147Section 148Section 250Section 271(1)(c)Section 69A

scrips of M/s BSR Finance & Construction Ltd. Accordingly, an addition of Rs.11,51,668/- was made u/s 69A treating the same as unexplained cash credit. While doing so, the Assessing Officer also initiated penalty proceedings u/s 271(1)(c) of the Act. 4. Aggrieved by the above order, the assessee

Kakoli Ganguly, Legal Heir of Haradhan Halder, Kolkata vs. ITO, Ward 12(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 314/KOL/2025[2012-2013]Status: DisposedITAT Kolkata20 May 2025AY 2012-2013

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.314/Kol/2025 Assessment Year: 2012-13 Kakoli Ganguly, Legal Heir Of Haradhan Halder.…………… ….……….Appellant 33, Banamanli Naskar Road, Kolkata – 700060. [Pan: Adypg8773F] Vs. Ito, Ward-12(1), Kolkata……………....................……........……...…..…..Respondent Appearances By: Shri Gaurav Mathur, Ca Appeared On Behalf Of The Assessee. Shri Archana Gupta, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 14, 2025 Date Of Pronouncing The Order : May 20, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 25.11.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, It Is Noted That There Is A Delay Of 14 Days In Filing The Instant Appeal Before The Tribunal. The Assessee Has Submitted An Application For Condonation Of Such Delay Explaining Reasons For The Delay. We, After Perusing The Petition Made In The Application, Satisfy That There Were Bona Fide & Sufficient Reasons For Such Delay. We, Therefore, Condone The Delay & Admit This Appeal For Adjudication.

Section 10(38)Section 142(1)Section 147Section 250Section 271(1)(c)

company i.e. M/s Konark Commercial & Industries Ltd., which was registered as bogus stock company and the Assessing Officer treated Rs.11,74,082/- as unexplained cash credit towards transaction in shares of M/s Konark Commercial & Industries Ltd. and the Assessing Officer made the addition of Rs.11,74,082/- in the hands

Income Tax Officer, Parwanoo vs. Kamla Oleo Private Limited, Barotiwala

The appeal stand dismissed

ITA 897/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh19 May 2025AY 2017-18

Bench: Hon’Ble Shri Laliet Kumar & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.897/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2017-18) Ito M/S Kamla Oleo Private Limited बनाम/ Parwanoo, Village Buranwala, Barotiwala Vs. Himachal Pradesh-173220. Solan, Himachal Pradesh. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadck-7696-Q (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal (Adv.). – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 21-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 20-05-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2017-18 Arises Out Of An Order Of Learned Commissioner Of Income Tax [Cit(A)] Dated 25-06-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 29-12-2019. The Issues That Arise In The Appeal Are – (I) Addition Of Unexplained Cash Credit U/S 68; (Ii) Disallowance U/S 14A; (Iii) Addition Of Unexplained Credit U/S 69A. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under. The Assessee Being

For Appellant: Sh. Sudhir Sehgal (Adv.). – Ld. ARFor Respondent: Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR
Section 143(3)Section 14ASection 68Section 69A

Officer [AO] u/s. 143(3) of the Act on 29-12-2019. The issues that arise in the appeal are – (i) Addition of unexplained cash credit u/s 68; (ii) Disallowance u/s 14A; (iii) Addition of unexplained credit u/s 69A. Having heard rival submissions and upon perusal of case records ... appeal is disposed-off as under. The assessee being resident corporate assessee is stated to be engaged in manufacturing activities. 2. Addition of unexplained cash credit u/s 68 2.1 It transpired that the assessee deposited cash of Rs.62 Lacs in Specified Bank Notes (SBN) during demonetization. Accordingly, the assessee