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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

Assistant Commissioner of Income Tax, Chennai vs. Southern Health Foods Private Limited, Chennai

In the result, the appeal filed by the Revenue is allowed for statistical purposes

ITA 2237/CHNY/2024[2017-18]Status: DisposedITAT Chennai25 Apr 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.2237/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 The Assistant Commissioner Of Vs. Southern Health Foods Private Income Tax, Limited, Khivraj Complex-1, Corporate Circle 3(1), Third Floor No. 477- 480, Chennai Nandanam, Anna Salai, Chennai 600 035. [Pan:Aarcs3296E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Easwar, Jcit ""थ" की ओर से/Respondent By : Shri G. Srikanth, C.A. सुनवाई की तारीख/ Date Of Hearing : 08.04.2025 घोषणा की तारीख /Date Of Pronouncement : 25.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 13.06.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 11 Days. The Appellant - Revenue Filed A Petition For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said

For Appellant: Shri S. Easwar, JCITFor Respondent: Shri G. Srikanth, C.A
Section 68

raised by the Appellant-Revenue in challenging the action of the ld. CIT(A) in deleting the addition made on account of unexplained cash credit under section 68 of the Income Tax Act, 1961 [“Act” in short]. 5. The ld. DR Shri S. Easwar, JCIT drew our attention to para

Pioneer Education Society, Haryana vs. ITO, Patna

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

ITA 405/PAT/2024[2016-17]Status: DisposedITAT Patna24 Apr 2025AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 405/Pat/2024 Assessment Year: 2016-2017 Pioneer Education Society,……….…….....……Appellant C-310/311, Unitech Business Zone Nirvana Country, South City-Ii, Sector-50, Haryana, Pin Code No.122018 [Pan:Aadap0174C] -Vs.- Income Tax Officer,……………………………….Respondent Ward-1(1), Patna, Lok Nayak Jai Prakash Bhawan, New Dak Bunglow, Patna-800001, Bihar Appearances By: Shri Yatin Sharma, Advocate, Appeared On Behalf Of The Assessee Rinku Singh, Cit (Dr), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: April 21, 2025 Date Of Pronouncing The Order: April 24, 2025 O R D E R

Section 133(6)Section 142(1)Section 143(2)Section 271(1)(b)Section 68

appearing in the books of account of the assessee during the year amounting to Rs.3,97,35,320/- was treated as unexplained cash credits under section 68 of the Act and added to the total income of the assessee. Therefore, the total addition comes to Rs.4,07,90,320/- (Rs.10 ... bank under section 133(6), two accounts were held by the assessee with the Axis Bank. The addition on account of ESL as unexplained cash credits under section 68 has been done, therefore, credit entries in respect of ESL appearing in this account was ignored. As the Bank account maintained

Navdeep Educational Trust, Kollam vs. ACIT, Circle, Kollam

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

ITA 324/COCH/2024[2016-17]Status: DisposedITAT Cochin24 Apr 2025AY 2016-17

Bench: Shri Inturi Rama Rao & Shri Keshav Dubeyassessment Year: 2016-17 Navdeep Educational Trust 38/109, Navdeep Mundakkal East 691001 Acit Vs. Kollam Circle Kerala Kollam Pan No : Aabtn0952H Appellant Respondent Appellant By : Shri Surendranath Rao, A.R. Respondent By : Smt. Leena Lal, Sr. D.R. Date Of Hearing : 29.01.2025 Date Of Pronouncement : 24.04.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ld.Cit(A)/ Nfac Dated 26.02.2024 Vide Din & Order No. Itba/Nfac/S/250/2023-24/1061508122(1) For The Ay 2016-17 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”). 2. The Assessee Has Raised The Following Grounds Of Appeal: Navdeep Educational Trust, Kollam Page 2 Of 6

For Appellant: Shri Surendranath Rao, A.RFor Respondent: Smt. Leena Lal, Sr. D.R
Section 142(1)Section 143(2)Section 143(3)Section 250Section 68

Before us, ld. A.R. of the assessee submitted that the AO has made protective addition u/s 68 of the Act for the alleged unexplained cash credit in the account of managing trustee Mr. Navdeep Educational Trust, Kollam Page 4 of 6 Cletus Austin vide order dated 29.12.2018. However, the reassessment ... repayments were also made by the Trust. The AO added Rs.1,54,45,000/- (Rs.1,84,45,000 (-) Rs.30,00,000/-) as unexplained cash credit u/s 68 of the Act in the hands of trust Navdeep Educational Trust, Kollam Page 5 of 6 protectively. The assessment order was passed

Priya Kant Singh, Lucknow vs. ACIT, Range-1, Lucknow

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

ITA 397/LKW/2024[2017-2018]Status: DisposedITAT Lucknow24 Apr 2025AY 2017-2018

Bench: Sh. Sudhanshu Srivastava & Sh. Anadee Nath Misshraa.Y. 2017-18 Priya Kant Singh, Vs. Income Tax Officer 1/428, Vishal Khand, Gomti (Exemption), Lucknow, The Nagar, Lucknow, U.P. Jurisdictional Assessing Officer Pan:Aaatb4391F (Appellant) (Respondent) Assessee By: Sh. B.P. Yadav, Advocate Revenue By: Sh. Sanjeev Krishna Sharma, Addl. Cit (Dr) Date Of Hearing: 16.04.2025 Date Of Pronouncement: 24.04.2025 O R D E R Per Sudhanshu Srivastava, J.M.: This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Cit(A) On 24.04.2024 Under Section 250 Of The Income Tax Act, 1961. The Grounds Of Appeal Preferred By The Assesse Are As Under:- “1. The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As The "Ld. Cit (A)") Has Erred On Facts & In Law In Dismissing The Appeal Of The Appellant Ex-Parte Without Appreciating The Legal Aspects Pertaining To The Case Of The Assessee & Also Without Looking Into The Merit Of The Additions Made By The Ld. A.O. 2. On The Undemoted Facts The Ld. Cit (A) Was Not Justified At All In Dismissing The Appeal Of The Appellant. Because No Notice Of Hearing Was Served On The Appellant Either On Her Postal Address Or On The Ernail-Id Provided In The Appeal Memo.

For Appellant: Sh. B.P. Yadav, AdvocateFor Respondent: Sh. Sanjeev Krishna Sharma, Addl. CIT
Section 143(2)Section 143(3)Section 144Section 250Section 68

Rs.27,30,000/- made by Ld. A.O. In the hands of the appellant by treating the cash deposits made in bank account as unexplained cash credit u/s 68 of the Act by grossly ignoring the fact that the cash deposits made into the bank accounts were on account of sale ... circumstances of the case, he held the cash deposits of Rs.27,30,000/- as unexplained and he therefore, added him back as unexplained cash credits in his books of accounts under section 68 of the Act, and brought them to tax under section 115BBE of the Act. From the perusal