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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

Sima Dhara, Kismat Apurbapur vs. Income Tax Officer, Aayakar Bhawan, Chinsurah

The appeal of the assessee is allowed for statistical purposes

ITA 1225/KOL/2023[2017-18]Status: DisposedITAT Kolkata29 Apr 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1225/Kol/2023 Assessment Year: 2017-18 Sima Dhara………………………...……………………………..….……….Appellant Kismat Apurbapur, Natun Bazar, Singur, Hooghly, W.B. – 712409. [Pan: Admpd1772F] Vs. Ito, Chinsurah……….....……..............................……........……...…..…..Respondent Appearances By: Shri Susanta Kr. Mukherjee, Ar, Appeared On Behalf Of The Assessee. Shri Lovish Shelly, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 28, 2025 Date Of Pronouncing The Order : April 29, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 22.09.2023 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. Brief Facts Of The Case Are That The Assessee Is An Individual & Running A Petrol Pump Under The Proprietorship Concern Of M/S Freedom Fighter Service Station. The Assessee Filed Her Return Of Income For The Assessment Year 2017-18 By Declaring A Total Income Of Rs.34,09,050/-. The Case Of The Assessee Was Selected For Scrutiny Under Cass Followed By Notices Issued U/S 143(2) & 142(1) Of The Act. The Assessment Was Completed U/S 143(3) Of The Act On 15.10.2019 By

Section 143(2)Section 143(3)Section 250Section 40A(3)Section 68Section 69A

while passing the appellate order has notably converted the basis of addition of Rs.94,86,000/- from section 68 (unexplained cash credit) to section 69A (unexplained money) without issuing any notice and without giving any opportunity to the assessee to respond in this respect. 4. Dissatisfied with the above order

Income Tax Officer-Ward-6(3)(1), Mumbai vs. Kohinoor Planet Constructions Pvt. Ltd., Mumbai

In the result, the appeal filed by the revenue is partly allowed for statistical purpose

ITA 1495/MUM/2024[2017-18]Status: DisposedITAT Mumbai29 Apr 2025AY 2017-18

Bench: Ms. Kavitha Rajagopal, Jm & Smt. Renu Jauhri, Am & Kohinoor Planet Constructions Pvt. Assistant Commissioner Of Income Ltd. Tax, Circle 6(3)(1) 506, 5Th Floor, Aayakar Bhavan, Kohinoor Corporate Office, Senapati Vs. Bapat Marg, Dadar West, Mumbai – Maharishi Karve Road, Mumbai – 400028. 400020. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) & Income Tax Officer, Ward-6(3)(1) Kohinoor Planet Constructions Room No. 524, 5Th Floor, Aayakar Pvt. Ltd. Bhavan, M. K. Road, Mumbai – 3, Kohinoor Corporate Office, Vs. 400020. Senapati Bapat Marg, Dadar West, Mumbai – 400028. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) Assessee By : Shri. Jayesh Dadia : Shri. Biswanath Das – Cit Dr. Respondent By : 30.01.2025 Date Of Hearing Date Of Pronouncement : 29.04.2025 O R D E R Per Bench: These Are Cross Appeals Filed By The Assessee & Revenue, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short)

For Appellant: Shri. Jayesh DadiaFor Respondent: 30.01.2025
Section 143(2)Section 143(3)Section 250Section 36(2)Section 37Section 43CSection 68

filed by the assessee challenges the solitary ground on the addition of Rs. 25,00,000/- made u/s. 68 of the Act as unexplained cash credit. 7. It is observed that the learned Assessing Officer (ld. A.O. for short) has show caused the assessee during the assessment proceeding pertaining ... filed by the assessee challenges the order of the ld. CIT(A) in upholding the addition of Rs. 14,07,44,799/- as unexplained cash credit u/s. 68 of the Act. It is observed that during the year under consideration, the assessee has received loan from the following three parties

Income Tax Officer Ward-6(3)(1), Mumbai vs. Kohinoor Planet Constructions Private Limited, Mumbai

In the result, the appeal filed by the revenue is partly allowed for statistical purpose

ITA 1493/MUM/2024[2016-17]Status: DisposedITAT Mumbai29 Apr 2025AY 2016-17

Bench: Ms. Kavitha Rajagopal, Jm & Smt. Renu Jauhri, Am & Kohinoor Planet Constructions Pvt. Assistant Commissioner Of Income Ltd. Tax, Circle 6(3)(1) 506, 5Th Floor, Aayakar Bhavan, Kohinoor Corporate Office, Senapati Vs. Bapat Marg, Dadar West, Mumbai – Maharishi Karve Road, Mumbai – 400028. 400020. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) & Income Tax Officer, Ward-6(3)(1) Kohinoor Planet Constructions Room No. 524, 5Th Floor, Aayakar Pvt. Ltd. Bhavan, M. K. Road, Mumbai – 3, Kohinoor Corporate Office, Vs. 400020. Senapati Bapat Marg, Dadar West, Mumbai – 400028. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) Assessee By : Shri. Jayesh Dadia : Shri. Biswanath Das – Cit Dr. Respondent By : 30.01.2025 Date Of Hearing Date Of Pronouncement : 29.04.2025 O R D E R Per Bench: These Are Cross Appeals Filed By The Assessee & Revenue, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short)

For Appellant: Shri. Jayesh DadiaFor Respondent: 30.01.2025
Section 143(2)Section 143(3)Section 250Section 36(2)Section 37Section 43CSection 68

filed by the assessee challenges the solitary ground on the addition of Rs. 25,00,000/- made u/s. 68 of the Act as unexplained cash credit. 7. It is observed that the learned Assessing Officer (ld. A.O. for short) has show caused the assessee during the assessment proceeding pertaining ... filed by the assessee challenges the order of the ld. CIT(A) in upholding the addition of Rs. 14,07,44,799/- as unexplained cash credit u/s. 68 of the Act. It is observed that during the year under consideration, the assessee has received loan from the following three parties

Kohinoor Planet Constructions Private Limited, Mumbai vs. Assistant Commissioner of Income Tax Circle 6(3)(2), Mumbai

In the result, the appeal filed by the revenue is partly allowed for statistical purpose

ITA 1159/MUM/2024[AY 2016-17]Status: DisposedITAT Mumbai29 Apr 2025

Bench: Ms. Kavitha Rajagopal, Jm & Smt. Renu Jauhri, Am & Kohinoor Planet Constructions Pvt. Assistant Commissioner Of Income Ltd. Tax, Circle 6(3)(1) 506, 5Th Floor, Aayakar Bhavan, Kohinoor Corporate Office, Senapati Vs. Bapat Marg, Dadar West, Mumbai – Maharishi Karve Road, Mumbai – 400028. 400020. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) & Income Tax Officer, Ward-6(3)(1) Kohinoor Planet Constructions Room No. 524, 5Th Floor, Aayakar Pvt. Ltd. Bhavan, M. K. Road, Mumbai – 3, Kohinoor Corporate Office, Vs. 400020. Senapati Bapat Marg, Dadar West, Mumbai – 400028. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) Assessee By : Shri. Jayesh Dadia : Shri. Biswanath Das – Cit Dr. Respondent By : 30.01.2025 Date Of Hearing Date Of Pronouncement : 29.04.2025 O R D E R Per Bench: These Are Cross Appeals Filed By The Assessee & Revenue, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short)

For Appellant: Shri. Jayesh DadiaFor Respondent: 30.01.2025
Section 143(2)Section 143(3)Section 250Section 36(2)Section 37Section 43CSection 68

filed by the assessee challenges the solitary ground on the addition of Rs. 25,00,000/- made u/s. 68 of the Act as unexplained cash credit. 7. It is observed that the learned Assessing Officer (ld. A.O. for short) has show caused the assessee during the assessment proceeding pertaining ... filed by the assessee challenges the order of the ld. CIT(A) in upholding the addition of Rs. 14,07,44,799/- as unexplained cash credit u/s. 68 of the Act. It is observed that during the year under consideration, the assessee has received loan from the following three parties

Kohinoor Planet Constructions Private Limited, Mumbai vs. Assistant Commissioner of Income Tax Circle 6(3)(1), Mumbai

In the result, the appeal filed by the revenue is partly allowed for statistical purpose

ITA 1158/MUM/2024[AY 2017-18]Status: DisposedITAT Mumbai29 Apr 2025

Bench: Ms. Kavitha Rajagopal, Jm & Smt. Renu Jauhri, Am & Kohinoor Planet Constructions Pvt. Assistant Commissioner Of Income Ltd. Tax, Circle 6(3)(1) 506, 5Th Floor, Aayakar Bhavan, Kohinoor Corporate Office, Senapati Vs. Bapat Marg, Dadar West, Mumbai – Maharishi Karve Road, Mumbai – 400028. 400020. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) & Income Tax Officer, Ward-6(3)(1) Kohinoor Planet Constructions Room No. 524, 5Th Floor, Aayakar Pvt. Ltd. Bhavan, M. K. Road, Mumbai – 3, Kohinoor Corporate Office, Vs. 400020. Senapati Bapat Marg, Dadar West, Mumbai – 400028. Pan/Gir No. Aabcr6994E (Assessee) : (Respondent) Assessee By : Shri. Jayesh Dadia : Shri. Biswanath Das – Cit Dr. Respondent By : 30.01.2025 Date Of Hearing Date Of Pronouncement : 29.04.2025 O R D E R Per Bench: These Are Cross Appeals Filed By The Assessee & Revenue, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short)

For Appellant: Shri. Jayesh DadiaFor Respondent: 30.01.2025
Section 143(2)Section 143(3)Section 250Section 36(2)Section 37Section 43CSection 68

filed by the assessee challenges the solitary ground on the addition of Rs. 25,00,000/- made u/s. 68 of the Act as unexplained cash credit. 7. It is observed that the learned Assessing Officer (ld. A.O. for short) has show caused the assessee during the assessment proceeding pertaining ... filed by the assessee challenges the order of the ld. CIT(A) in upholding the addition of Rs. 14,07,44,799/- as unexplained cash credit u/s. 68 of the Act. It is observed that during the year under consideration, the assessee has received loan from the following three parties

ITO, Ward- 6(3), New Delhi vs. Conclusive Traders Pvt. Ltd., New Delhi

In the result, the appeal filed by the Revenue stand dismissed

ITA 7317/DEL/2017[2009-10]Status: DisposedITAT Delhi29 Apr 2025AY 2009-10

Bench: Shri Shamim Yahya & Shri Sudhir Pareeka.Yr. : 2009-10 Ito, Ward 6(3), Vs. Conclusive Traders Pvt. Room No. 376A, C.R. Ltd. Building, I.P. Estate, 51/2, D.B. Gupta Road, Karol New Delhi Bagh, New Delhi – 5 (Pan: Aadcc3358B) (Appellant) (Respondent) Assessee By None Department By Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing : 29.04.2025 Date Of Pronouncement : 29.04.2025 Order Per Shamim Yahya: Am This Appeal Filed By The Revenue Is Directed Against The Order Dated 27.09.2017 Passed By The Ld. Cit(A)-Xxvi, New Delhi In Relation To Assessment Year 2009-10 On The Following Grounds:- I) The Ld. Cit(A) Has Erred In Deleting The Addition Made U/S 68 Of The Act Amounting To Rs. 2,85,00,000/- Received By The Assesee Company As Unexplained Cash Credit. Ii) The Ld. Cit(A) Has Failed To Prove The Identity, Genuineness & Creditworthiness Of The Transactions As Per Judgement Of Hon’Ble Delhi High Court In Case Of M/S Nova Promoters & Finlease Pvt. Ltd. Where It Was Held That Mere Filing Of Pan No.

Section 142(1)Section 143Section 143(2)Section 147Section 148Section 234BSection 68

deleting the addition made u/s 68 of the Act amounting to Rs. 2,85,00,000/- received by the assesee company as unexplained cash credit. ii) The Ld. CIT(A) has failed to prove the identity, genuineness and creditworthiness of the transactions as per judgement of Hon’ble Delhi High