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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

Shyam Realties, Ahmedabad vs. The Dy. CIT, Cirlce-2(2)(1), Ahmedabad

In the result, both the appeals of the assessee are dismissed

ITA 1388/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad28 Apr 2025AY 2018-19

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1387/Ahd/2024 & 1388/Ahd/2024 िनधा"रण वष" /Assessment Years : 2017-18 & 2018-19 Shyam Realities The Dy.Cit, बनाम/ Tejendra Arcade Circle-2(2)(1) V/S. Ganji Farak Mill Compound Ahmedabad – 380 015 Rakhiyal Cross Road Rakhiyal, Ahmedabad – 380 021 (Gujarat) "थायी लेखा सं./Pan: Abvfs 2603 M (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : Shri Bandish Soparkar, Ar Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 23/04/2025 घोषणा की तारीख /Date Of Pronouncement: 28/04/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Two Appeals Filed By The Assessee For Assessment Years (Ays) 2017–18 & 2018–19 Are Directed Against The Respective Appellate Orders Passed By The Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi [Hereinafter Referred To As “Cit(A)”], Dated 27.06.2024. In The Impugned Orders, The Ld. Cit(A) Confirmed The Disallowance Of Interest On Unsecured Loans To The Extent Of Rs.36,69,000/- For A.Y. 2017–18 & Rs.38,94,295/- For A.Y. 2018–19, As Originally Disallowed By

For Appellant: Shri Bandish Soparkar, ARFor Respondent: Shri Atul Pandey, Sr.DR
Section 269SSection 68

both appeals pertains to the allowability of interest expenditure claimed by the assessee on certain unsecured loans which were either treated as unexplained cash credits by the Assessing Officer or, though not added under section 68 due to their nature as opening balances, were nevertheless disallowed for interest deductibility under

Shyam Realties, Ahmedabad vs. The Dy. CIT, Cirlce-2(2)(1), Ahmedabad

In the result, both the appeals of the assessee are dismissed

ITA 1387/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad28 Apr 2025AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1387/Ahd/2024 & 1388/Ahd/2024 िनधा"रण वष" /Assessment Years : 2017-18 & 2018-19 Shyam Realities The Dy.Cit, बनाम/ Tejendra Arcade Circle-2(2)(1) V/S. Ganji Farak Mill Compound Ahmedabad – 380 015 Rakhiyal Cross Road Rakhiyal, Ahmedabad – 380 021 (Gujarat) "थायी लेखा सं./Pan: Abvfs 2603 M (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : Shri Bandish Soparkar, Ar Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 23/04/2025 घोषणा की तारीख /Date Of Pronouncement: 28/04/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Two Appeals Filed By The Assessee For Assessment Years (Ays) 2017–18 & 2018–19 Are Directed Against The Respective Appellate Orders Passed By The Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi [Hereinafter Referred To As “Cit(A)”], Dated 27.06.2024. In The Impugned Orders, The Ld. Cit(A) Confirmed The Disallowance Of Interest On Unsecured Loans To The Extent Of Rs.36,69,000/- For A.Y. 2017–18 & Rs.38,94,295/- For A.Y. 2018–19, As Originally Disallowed By

For Appellant: Shri Bandish Soparkar, ARFor Respondent: Shri Atul Pandey, Sr.DR
Section 269SSection 68

both appeals pertains to the allowability of interest expenditure claimed by the assessee on certain unsecured loans which were either treated as unexplained cash credits by the Assessing Officer or, though not added under section 68 due to their nature as opening balances, were nevertheless disallowed for interest deductibility under

Shree Sihor Peoples Co. Op. Credit Society Limited, Bhavnagar vs. The ITO, Ward-1(8), Bhavnagar

In the result, the appeal filed by the assessee is allowed

ITA 169/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad25 Apr 2025AY 2017-18

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 169/Ahd/2025 ("नधा"रण वष" / Assessment Year : 2017-18) बनाम/ Shree Sihor Peoples Co. The Income Tax Officer Op. Credit Society Ward-1(8), Bhavnagar Vs. Limited Mota Chowk, At Sihor, Sihor – 364240, District: Bhavnagar, Gujarat "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaeas5202M (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri B. R. Popat, Ar. ""यथ" क" ओर से/Respondent By : Shri Nitin Kulkarni, Sr. Dr 17/04/2025 Date Of Hearing Date Of Pronouncement 25/04/2025 O R D E R The Present Appeal Has Been Filed By The Assessee Against The Order Passed By The Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre (Nfac), Delhi (In Short ‘The Cit(A)’) Under Section 250(6) Of The Income Tax Act, 1961 (In Short ‘The Act’) Dated 30.11.2024 Pertaining To Assessment Year 2017-18. 2. The Grounds Raised In The Appeal By The Assessee Are As Under:

For Appellant: Shri B. R. Popat, ARFor Respondent: Shri Nitin Kulkarni, Sr. DR
Section 250(6)Section 68

that too, by treating the aggregate of this amount, which was deposited in its banking account during specified period as unexplained cash credit under section 68 of the Act ITA No. 169/Ahd/2025 [Shree Sihor Peoples Co. Op. Credit Society Limited vs. ITO] A.Y. 2017-18 - 2 – 2. The learned

Parth Dinesh Patel, Mehsana vs. The Income Tax Officer, Ward-1, Patan

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 137/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad25 Apr 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.137/Ahd/2024 & 138/Ahd/2024 िनधा"रण वष" /Assessment Years : 2015-16 & 2016-17 Parth Dinesh Patel The Income Tax Officer बनाम/ 18/19, Utkarsh Society Ward-1, V/S. Opp. Market Yard Patan – 384 265 Tal. Visnagar, Mehsana Gujarat – 384 315 "थायी लेखा सं./Pan: Bwrpp 7811 A (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : Shri Dhinal Shah, Ar Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 23/04/2025 घोषणा की तारीख /Date Of Pronouncement: 25/04/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Two Appeals Are Filed By The Assessee Against The Separate Orders Dated 01.12.2023 Passed By The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”], Arising Out Of Reassessment Orders Framed Under Section 147 R.W.S. 144B Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], By The National Faceless Assessment Centre (Nfac), Delhi [Hereinafter Referred To As “Assessing Officer /Ao”] For The Assessment Years (Ays) 2015–16 & 2016–17, Respectively. As The Issues Involved In Both The Appeals Are Common

For Appellant: Shri Dhinal Shah, ARFor Respondent: Shri Atul Pandey, Sr.DR
Section 147Section 148Section 68

Income-tax Act, 1961, in respect of unsecured loans received by the assessee during the relevant years, which were treated as unexplained cash credits. The reassessments in both assessment years were initiated solely on the basis of third-party information emanating from investigation reports concerning one Shri Amit Jayantilal Shah

Citizen Nagari Sahakari Patsanstha Ltd, Nashik vs. ITO, Ward 1(1), Nashik

In the result, the appeal filed by the assessee is allowed

ITA 2681/PUN/2024[2017-18]Status: DisposedITAT Pune25 Apr 2025AY 2017-18

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2681/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Citizen Nagari Sahakri Vs. Ito, Ward-1(1), Nashik. Patsanstha Ltd., 5, Dsouza Colony, Tulip Apartment, College Road, Nashik- 422005. Pan : Aabac1443M Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 27.01.2025 Date Of Pronouncement : 25.04.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.09.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law, Lower Authorities Have Erred In Confirming An Addition Of Rs.74,80,000/- As Unexplained Cash Credit U/S.68 Of The It Act, By Disregarding The Detailed Submission Made By The Appellant, Wherein It Was Mentioned That The Case Deposited In Bank Belongs To Identified

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Ramnath P. Murkunde
Section 143(3)Section 68

circumstances of the case and in law, lower authorities have erred in confirming an addition of Rs.74,80,000/- as Unexplained cash credit u/s.68 of the IT Act, by disregarding the detailed submission made by the appellant, wherein it was mentioned that the case deposited in bank belongs to identified ... Rs.74,80,000/- during demonetization period. The Assessing Officer added the above amount to the income of the assessee u/s 68 as unexplained cash credit. The Assessing Officer was of the view that the assessee credit cooperative society was not permitted to accept SBN from his members and therefore

Mohammad Abrar Choudhary, Pune vs. DCIT, Circle-8, Pune

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

ITA 1464/PUN/2024[2017-18]Status: DisposedITAT Pune25 Apr 2025AY 2017-18

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1464/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Mohammad Abrar Vs. Dcit, Circle-8, Pune. Choudhary, Gat No.692, Kudalwadi Road, Chikhali, Pune- 411062. Pan : Aghpc3905D Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 29.01.2025 Date Of Pronouncement : 25.04.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.05.2024 Passed By Ld. Cit(A), Pune-11 [‘Ld. Cit(A)’] For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “General Ground 1. The Learned Cit(A), Pune 11 Erred In Law & On Facts In Confirming The Addition Of Rs. 1,79,97,380/- Made By The Learned Ao To The Taxable Income Of The Appellant. Ex-Parte Order- Principal Of Natural Justice

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Ramnath P. Murkunde
Section 142(1)Section 143(3)Section 68

income at Rs.2,10,61,530/- as against the income returned by the assessee at Rs.30,64,150/-. The above assessed income includes unexplained cash credits of Rs.1,79,97,380/- (amount declared at the time of survey at Rs.2,19,97,380/- minus Rs.40,00,000/- declared under PMGKY