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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

ITO-19(3)(1), Mumbai vs. Raichand Parasmal Chokshi, Mumbai

In the result, both the appeals by the revenue are dismissed

ITA 1486/MUM/2024[2017-18]Status: DisposedITAT Mumbai22 Apr 2025AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, 305, Ashirwad Building, Lalabaug 10Th Khetwadi Lane, Vs. Mumbai 400012 Mumbai 400004. (Pan: Aaapc6486C) (Appellant) (Respondent) Assessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, Huf Lalabaug 305, Ashirwad Building, Mumbai 400012 Vs. 10Th Khetwadi Lane, Mumbai 400004. (Pan: Aaahr1005A) (Appellant) (Respondent) Present For: Assessee : Shri Umang Shah, Ca Revenue : Shri R.R. Makwana, Addl. Cit Date Of Hearing : 23.01.2025 Date Of Pronouncement : 22.04.2025 O R D E R Per Girish Agrawal: These Two Appeals Filed By The Revenue Are In The Case Of An Individual & Huf Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac) Delhi, Vide Order No. Itba/Nfac/S/250/2023- Ay 2017-18 24/1060184522(1) Dated 29.01.2024 For Individual & Order No. Itba/Nfac/S/250/2024-25/1064573907(1), Dated 02.05.2024 For The Huf, Passed Against The Assessment Orders By Income Tax Officer 19(3)(1), Mumbai U/S. 144 R.W.S 147 Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 29.05.2023 & 21.04.2023, Respectively For Individual & Huf For Assessment Year 2017-18. 2. Appeal In Ita No. 1486/Mum/2024 Is By The Individual & That In Ita No. 3374/Mum/2024 Is By The Huf With The Present Individual As Its Karta. Common Issue Is Involved In Both The Appeals By The Revenue, Raising Identical Grounds Except For Variation In The Quantum Of Addition Made By The Ld. Assessing Officer. Accordingly, Grounds Taken By The Revenue In The Case Of Individual In Ita No. 1486/Mum/2024 Are Reproduced As Under:

For Appellant: Shri Umang Shah, CAFor Respondent: Shri R.R. Makwana, Addl. CIT
Section 10Section 10(38)Section 144Section 68

year, contract notes were issued and shares were also sold on stock exchange, there was no reason to add capital gains as unexplained cash credit under section 68” AY 2017-18 iii) CIT vs. Shyam R. Pawar [2015] 54 taxmann.com 108 (Bom) wherein it was held: “Where DMAT account

Naresh Kumar, Prop. Raghav Enterprises 3527, Sector 32-A, Chandigarh Road, Ludhiana, Punjab, 141003 vs. ITO, Ward-1(5), Ludhiana, Punjab

The appeal stand allowed for statistical purposes

ITA 783/CHANDI/2024[2017-2018]Status: DisposedITAT Chandigarh21 Apr 2025AY 2017-2018

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.783/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2017-18) Shri Naresh Kumar Ito Ward No. 1(5) (Prop. Raghav Enterprises) Ludhiana बनाम/ Vs. 3527, Sector 32-A, Chandigarh Road, Ludhiana.141003. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acjpk-7740E (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ : Sh. Sudhir Sehgal (Adv.) – Ld. Ar Appellant By ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur, Addl. Cit – Ld. Sr.Dr सुनवाईकीतारीख/Date Of Hearing : 02-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 21-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017-18 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 24-06-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 28-12-2019. The Sole Grievance Of The Assessee Is Confirmation Of Addition Of Cash Deposit For Rs.193.80 Lacs. Having Heard Rival Submissions & Upon Perusal

For Respondent: Dr. Ranjit Kaur, Addl. CIT – Ld. Sr.DR
Section 143(3)Section 68

assessee gifted certain amount through cheques to the same person, The Ld. AO added the gifts so received by the assessee as unexplained cash credit u/s 68. The assessee was shown to have recovered sundry debtors for Rs.135.05 Lacs but the assessee failed to file confirmation of these debtors. Accordingly

Sh. Naresh Chauhan, Shimla vs. DCIT, CC-II, Chandigarh

The appeal stands partly allowed

ITA 727/CHANDI/2019[2011-12]Status: DisposedITAT Chandigarh21 Apr 2025AY 2011-12

Bench: Hon’Ble Shri Laliet Kumar & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 727/Chandi/2019 (िनधा"रणवष" / Assessment Year: 2011-12) Shri Naresh Chauhan Dcit, Central Circle Ii, बनाम/ Anandam Villa,Near Sarkaik Niwas, Room No. G02, Cr Building Horticulture Road, Navbhar Sector 17, Chandigarh. Vs. Shimla. 171006. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abppc-2719-N (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Vishal Mohan, (Sr. Adv) With Sh. Parveen Sharma(Adv.). – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 16-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 21-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2011-12 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 08-02-2019 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S.254 Of The Act On 19-07-2017. 2. It Is Quite Evident That This Is Second Round Of Appeal Since The Assessment Was Restored Back By Tribunal To Ld. Ao Vide Common Order Ita Nos.347 & 348/Chd/2016 Dated 03-08-2016 For Fresh

For Appellant: Sh. Vishal Mohan, (Sr. Adv) with Sh. Parveen Sharma(Adv.). – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 131Section 143(3)Section 68

ground that books of the assessee was not updated at the time of search and therefore, the cash was treated as unexplained cash credit u/s 68 and added to the income of the assessee. As noted earlier, Ld. AO has repeated this addition in second round

ITO Ward-46(1), Kolkata vs. Aloke Kumar Banerjee, Howrah

In the result, appeal of the revenue is dismissed

ITA 861/KOL/2024[2011-12]Status: DisposedITAT Kolkata21 Apr 2025AY 2011-12

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.861/Kol/2024 (नििाारण वर्ा / Assessment Year : 2011-2012) Ito, Ward-46(1), Kolkata Vs Aloke Kumar Banerjee, Unit No.A/08/05, Kolkata West International City, Howrah Amta Road & Bombay Road Crossing Salap More, Howrah-711409 Pan No. :Ailpb 4570 D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Anuj Musaddi, Ar राजस्व की ओर से /Revenue By : Shri Sailen Samadder, Addl. Cit-Sr. Dr सुनवाई की तारीख / Date Of Hearing : 20/02/2025 घोषणा की तारीख/Date Of Pronouncement : 21/04/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Revenue Against The Order Dated 15.02.2024 Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2011-2012, On The Following Grounds :- 1. Whether On The Facts & Circumstances Of The Case, The Ld Cit(A) Was Right In Law As Well As On Facts In Deleting The Addition Of Rs. 2,87,12,120/- As Unexplained Cash Deposited In Bank Accounts Without Considering The Facts That The Asseseee Failed To Reconcile The Cash Deposit Of Rs. 2,87,12,210/-. 2. Whether On The Facts & Circumstances Of The Case, The Ld Cit(A) Was Right In Law As Well As On Facts In Deleting The Addition Of Rs. 1,71,925 As Difference In Capital Account As Unexplained Cash Credit Into Books Of Assesee U/S 68 Of The It Act, Without Considering The Facts That The Difference Of Rs. 171925/- Could Not Be Explained By The Assessee.

For Appellant: Shri Anuj Musaddi, ARFor Respondent: Shri Sailen Samadder, Addl. CIT-Sr. DR
Section 68

right in law as well as on facts in deleting the addition of Rs. 1,71,925 as difference in capital account as unexplained cash credit into books of assesee u/s 68 of the IT Act, without considering the facts that the difference of Rs. 171925/- could not be explained ... which was made by the AO on account of difference in capital account treating the same as unexplained cash credit into books of the assessee u/s.68 of the Act and added the same to the total income of the assessee. 6. The AO during the course of assessment proceedings observed

Selvi, Trichy vs. Income Tax Officer, Ward 1(2), Trichy

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

ITA 119/CHNY/2025[2017-18]Status: DisposedITAT Chennai21 Apr 2025AY 2017-18

Bench: Shri Manu Kumar Giri & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 119/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Ms. Selvi, The Income Tax Officer, 30, North Street, Ward 1(2), Rockfort, Vs. Trichy. Trichy – 620 002. Pan: Aljps 2284C (""यथ"/Respondent) (अपीलाथ"/Appellant) अपीलाथ" क" ओर से/Appellant By : Shri P. Thangaraj, Advocate ""यथ" क" ओर से/Respondent By : Ms. Anitha, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 03.04.2025 घोषणा क" तारीख/Date Of Pronouncement : 21.04.2025 आदेश /O R D E R Per S.R. Raghunatha, Am: This Appeal Of The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi Dated 19.11.2024 For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal:- I. The Order Of The Learned Assessment Officer Is Against The Law, Weightage Of Evidence & All Probabilities Of The Case.

For Appellant: Shri P. Thangaraj, AdvocateFor Respondent: Ms. Anitha, Addl.CIT

allegation of any irregularity in the books of accounts. 6. We find that the only reasoning to treat the said deposits as unexplained cash credit u/s 68 is that the assessee was debarred from dealing in SBN after 08-11-2016. However, in the present case, the cash so received ... accounts. Therefore, the source of cash is duly explained. The provisions of Sec.68 could be invoked only in cases when there was unexplained cash credit in the books of accounts maintained by the assessee. However, the assessee has duly identified the debtors from whom the cash was received

Income Tax Officer, Ferozepur Cantt vs. Arozepal Sandhu, Village Ratta Khera

The appeal stand dismissed

ITA 422/ASR/2024[2018-19]Status: DisposedITAT Amritsar16 Apr 2025AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm (Hybrid Hearing) आयकरअपील सं. / Ita No.422/Asr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Ito Ward 3(1) Shri Arozepal Sandhu बनाम/ 162-P, G.T.Road, (Prop M/S Babal Fuel Plaza) Vs. Ferozepur Cantt. Village Ratta Khera Punjab.152001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aarpm-5393-F (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Manpreet Singh Duggal – Ld. Sr. Dr ""थ"कीओरसे/Respondent By : Sh. Y.K. Sud (Ca) – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 24-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 16-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals) Dated 14-06-2024 In The Matter Of An Assessment Framed By Ld. Ao U/S 143(3) On 07-04-2021. The Sole Grievance Of The Revenue Is Deletion Of Addition Of Rs.289.55 Lacs As Made By Ld. Ao U/S 68 Of The Act. Having Heard Rival Submissions & Upon Perusal Of Case Records, Our Adjudication Would Be As Under.

For Appellant: Sh. Manpreet Singh Duggal – Ld. Sr. DRFor Respondent: Sh. Y.K. Sud (CA) – Ld. AR
Section 143(3)Section 68

requisite documents to the satisfaction of Ld. AO with respect to 4 parties and accordingly, the loans of Rs.289.55 Lacs were added as unexplained cash credit u/s 68. 3. During first appeal, the assessee furnished additional evidences to substantiate these loans which were subjected to remand report