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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

Shakti Vig, Kalanaur vs. Income Tax Officer, Gurdas Pur

The appeal stand allowed for statistical purposes

ITA 162/ASR/2024[2017-18]Status: DisposedITAT Amritsar16 Apr 2025AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm (Hybrid Hearing) आयकरअपील सं. / Ita No.162/Asr/2024 (िनधा"रणवष" / Assessment Year: 2017-18 Shri Shakti Vig Cit(A), Nfac, बनाम/ Vs. Kalanaur, Gurdaspur. Gurdaspur. 143521. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aftpv-3858-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Shri Manpreet Singh Duggal. – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 27-03-2025 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) 2017-18 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 22-02-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 30-12-2019. At The Time Of Hearing, None Appeared For Assessee. The Ld. Sr. Dr Pleaded For Dismissal Of The Appeal.

For Appellant: NoneFor Respondent: Shri Manpreet Singh Duggal. – Ld. Sr. DR
Section 143(3)Section 68

none appeared for assessee. The Ld. Sr. DR pleaded for dismissal of the appeal. 2, In the assessment order, Ld. AO made addition unexplained cash credit u/s 68 for Rs.9.99 Lacs for want of sufficiency of documentary evidences from the assessee. The Ld. CIT(A) confirmed the assessment

The ITO, Ward-1(1)(1), Ahmedabad vs. M/S. Adinath Ornaments Pvt. Ltd., Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 553/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad09 Apr 2025AY 2017-18

Bench: Shri Tr Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.553/Ahd/2022 निर्धारण वर्ष / Assessment Year : 2017-18 Ito Ward-1(1)(1), Ahmedabad बनाम/ V/S. M/S. Adinath Ornaments Pvt. Ltd. 2, Dipawali Centre, Opp. Old High Court, Navrangpura, Ahmedabad – 380 009 स्थायी लेखा सं./Pan: Aafca9867K अपीलार्थी/ (Appellant) प्रत्यर्थी/ (Respondent) Assessee By: Shri Aseem L Thakkar, Ar Revenue By: Shri B. P. Srivastava, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 03/04/2025 घोषणा की तारीख /Date Of Pronouncement: 09/04/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Revenue Is Directed Against The Order Dated 21.10.2022 Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)"], For The Assessment Year 2017-18, Arising From The Assessment Order Dated 30.12.2019 Framed Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"] By The Income Tax Officer, Ward 1(1)(1), Ahmedabad [Hereinafter Referred To As “Ao”]

For Appellant: Shri Aseem L Thakkar, ARFor Respondent: Shri B. P. Srivastava, Sr. DR
Section 115BSection 143(3)Section 145(3)Section 40A(3)Section 68

accommodated unaccounted income under the guise of cash sales and earlier withdrawals and proceeded to treat the cash deposit of Rs.2.32 crores as unexplained cash credit under section 68, taxable under section 115BBE. The books of account were also rejected under section 145(3), and GP was estimated