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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, Central Circle -3, Surat vs. Bharatbhai Kanjibhai Kakadiya, Surat

In the result, deletion of unsecured loan of Rs

ITA 391/SRT/2023[2016-17]Status: DisposedITAT Surat24 Mar 2025AY 2016-17

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.391/Srt/2023 Assessment Year: (2016-17) (Physical Court Hearing) Assistant Commissioner Of Bharatbhai Kanjibhai Kakadiya Income-Tax, Central Circle-3, Vs. 27, Hans Society, Varachha Road, Surat, Room No.507, 5Th Floor, Varachha, Surat-395 006 Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita No.312/Srt/2023 Assessment Year: (2016-17) Bharatbhai Kanjibhai Kakadiya Assistant Commissioner Of 27, Hans Society, Varachha Road, Vs. Income-Tax, Central Circle-3, Varachha, Surat-395 006 Surat, Room No.507, 5Th Floor, Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent)

Section 132(4)Section 147Section 250Section 44ASection 68

against the addition of Rs.2,27,00,000/- made by the AO u/s 68 of the I.T. Act in respect of unexplained cash credit observing that the AO has not proved that the funds received as unsecured loans from the said parties actually came from the appellant and when ... Rs.26,00,000/- u/s 68 of the Act, in respect of unsecured loans received during the year under consideration by treating them as unexplained cash credit u/s 68, which is absolutely erroneous and incorrect, requiring outright annulment. 3. On facts and circumstances of the case and in law, the learned

Bharatbhai Kanjibhai Kakadiya, Surat vs. Assistant Registrar, Central Circle-3, Surat

In the result, deletion of unsecured loan of Rs

ITA 312/SRT/2023[2016-17]Status: DisposedITAT Surat24 Mar 2025AY 2016-17

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.391/Srt/2023 Assessment Year: (2016-17) (Physical Court Hearing) Assistant Commissioner Of Bharatbhai Kanjibhai Kakadiya Income-Tax, Central Circle-3, Vs. 27, Hans Society, Varachha Road, Surat, Room No.507, 5Th Floor, Varachha, Surat-395 006 Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita No.312/Srt/2023 Assessment Year: (2016-17) Bharatbhai Kanjibhai Kakadiya Assistant Commissioner Of 27, Hans Society, Varachha Road, Vs. Income-Tax, Central Circle-3, Varachha, Surat-395 006 Surat, Room No.507, 5Th Floor, Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent)

Section 132(4)Section 147Section 250Section 44ASection 68

against the addition of Rs.2,27,00,000/- made by the AO u/s 68 of the I.T. Act in respect of unexplained cash credit observing that the AO has not proved that the funds received as unsecured loans from the said parties actually came from the appellant and when ... Rs.26,00,000/- u/s 68 of the Act, in respect of unsecured loans received during the year under consideration by treating them as unexplained cash credit u/s 68, which is absolutely erroneous and incorrect, requiring outright annulment. 3. On facts and circumstances of the case and in law, the learned

Deputy Commissioner of Income Tax, Central Circle-2, Ludhiana vs. Oasis Commercial Private Limited, Chandigarh

The appeal of the revenue stand dismissed

ITA 544/CHANDI/2024[2016-17]Status: DisposedITAT Chandigarh24 Mar 2025AY 2016-17

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.414/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2016-17) M/S Oasis Commercial Pvt. Ltd. Dcit- Circle-2 Village Jatwar Tehsil Naraingarh बनाम/ Central Revenue Building District Ambala-134201 Opp. Bvm School Vs. Kitchlu Nagar, Ludhiana 141001 & 2. आयकरअपील सं. / Ita No.544/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2016-17) Dcit- Circle-2 M/S Oasis Commercial Pvt. Ltd. Central Revenue Building Village Jatwar Tehsil Naraingarh बनाम/ Vs. Opp. Bvm School District Ambala-134201 Kitchlu Nagar, Ludhiana 141001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-8412-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Kusum Bansal (Cit)- Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 18-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 24-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Ms. Kusum Bansal (CIT)- Ld. DR
Section 143(3)Section 14ASection 68

AFIL). However, since both the lender entities had loss, Ld. AO doubted the genuineness of the loan and ultimately, added the same as unexplained cash credit u/s 68. 3.3 The assessee’s submissions during first appeal were subjected to remand proceedings wherein assessee furnished additional evidences. The remand report

Oasis Commercial Pvt. Ltd, Vill. Jatwar District Ambala vs. DCIT, Central Circle-2, Income Tax Department

The appeal of the revenue stand dismissed

ITA 414/CHANDI/2024[2016-17]Status: DisposedITAT Chandigarh24 Mar 2025AY 2016-17

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.414/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2016-17) M/S Oasis Commercial Pvt. Ltd. Dcit- Circle-2 Village Jatwar Tehsil Naraingarh बनाम/ Central Revenue Building District Ambala-134201 Opp. Bvm School Vs. Kitchlu Nagar, Ludhiana 141001 & 2. आयकरअपील सं. / Ita No.544/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2016-17) Dcit- Circle-2 M/S Oasis Commercial Pvt. Ltd. Central Revenue Building Village Jatwar Tehsil Naraingarh बनाम/ Vs. Opp. Bvm School District Ambala-134201 Kitchlu Nagar, Ludhiana 141001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-8412-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Kusum Bansal (Cit)- Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 18-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 24-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Ms. Kusum Bansal (CIT)- Ld. DR
Section 143(3)Section 14ASection 68

AFIL). However, since both the lender entities had loss, Ld. AO doubted the genuineness of the loan and ultimately, added the same as unexplained cash credit u/s 68. 3.3 The assessee’s submissions during first appeal were subjected to remand proceedings wherein assessee furnished additional evidences. The remand report