← All Phrases

“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

M/S.Aaryavart Infrastructure Pvt. Ltd., Ahmedabad vs. The DCIT, Circle-1(1)(1) Presently Central Circle-1(3), Ahmedabad

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

ITA 219/AHD/2022[2012-13]Status: DisposedITAT Ahmedabad11 Mar 2025AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.219/Ahd/2022 िनधा"रण वष" /Assessment Year : 2012-13 Aaryavart Infrastructure Pvt. Ltd. Dy.Cit बनाम/ Ff – 17/A, Pariseema Complex Circle-1(1)(1) V/S. C.G. Road Presently Cen. Cir.1(3) Navrangpura Ahmedabad Ahmedabad – 380 009 "थायी लेखा सं./Pan: Aadca 4844 Q अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Aseem Thakkar, Ar Revenue By : Shri Kavan Limbasiya, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 07/03/2025 घोषणा की तारीख /Date Of Pronouncement: 11/03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Has Been Preferred By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals)-11, Ahmedabad [Hereinafter Referred To As “Cit(A)”], Dated 30.03.2022, For The Assessment Year (Ay) 2012-13, Whereby The Cit(A) Has Confirmed The Additions Made By The Assessing Officer [Hereinafter Referred To As “Ao”] Under Section 68 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”]. Aaryavart Infrastructure Pvt.Ltd. Vs. Dcit Asst. Year : 2012-13

For Appellant: Shri Aseem Thakkar, ARFor Respondent: Shri Kavan Limbasiya, Sr. DR
Section 143(3)Section 2(24)(x)Section 40Section 68

Addition of Rs.17,00,000/- under Section 68 of the Act, treating unsecured loans received from two parties as unexplained cash credits. 3. The assessee filed an appeal before the CIT(A) against the said additions. The CIT(A), after considering the submissions of the assessee and remand reports ... erred in law and on facts in confirming the addition of Rs.17,00,000/- made by AO on account of unexplained cash credit in respect of two parties without proper consideration and appreciation of the facts of the case and submissions filed. In view of the facts of the case

Asstt Commissioner of Income Tax, Circle-2, Pune, Pmt Building Pune vs. Jaiprakash Pravinchandra Shroff, Pune

In the result, the appeal filed by the Revenue is partly allowed

ITA 1893/PUN/2024[2018-19]Status: DisposedITAT Pune11 Mar 2025AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1893/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Acit, Circle-2, Pune. Vs. Jaiprakash Pravinchandra Shroff, 1215/2, Pankaj, Apte Road, Pune- 411004. Pan : Aceps9112P Appellant Respondent Revenue By : Shri Amol Khairnar Assessee By Shri V. L. Jain : Date Of Hearing : 16.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 16.07.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “1. Whether On The Facts & Circumstances Of The Case & Law, The Ld. Cit(A) Is Not Justified Taking The View That There Has Been Apparent Error In Filing Return Of Income Without Clearly Rebutting The Findings Of The Assessing Officer? 2. Whether On The Facts & Circumstances Of The Case & Law, The Ld. Cit(A) Is Justified In Concluding That Rs.41,68,46,544/- Is The Correct Capital Balance Whereas The Assessee Himself Has Declared Rs.77,38,41,557/- As His Capital Balance In His Itr Without Clear Findings & Reasoning.

For Respondent: Shri Amol Khairnar
Section 143(2)

declared personal capital at Rs.773841557. Therefore the assessee has increased his capital by an amount of Rs.331859405 which is being added as unexplained cash credit u/s 68 of the I.T. Act, 1961. 5 Penalty u/s 271AAC(1) is being initiated of the I.T. Act, 1961. Assessed ... nothing but an afterthought and resultantly after considering the current years income the addition of Rs.33,18,59,405/- was made as unexplained cash credit u/s 68 of the IT Act. Ld. CIT(A)/NFAC in his order accepted the contentions raised by the assessee and directed the Assessing Officer

ACIT, Jaipur vs. Udai Buildhome Pvt Ltd, Jaipur

In the result, all the appeals of the revenue are dismissed

ITA 1486/JPR/2024[2018]Status: DisposedITAT Jaipur10 Mar 2025

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, JM आयकर अपील सं. / ITA Nos.1399, 1400, 1401 & 1486/JP/2024 निर्धारण वर्ष / Assessment Years : 2014-15, 2015-16, 2017-18 & 2018-19 Asstt. Commissioner of Income Tax, Central Circle-02, Jaipur बनाम Vs. M/s Udai Buildhome Pvt. Ltd. 302, Golden Sunrise Apartment, Lajpat Marg, C- Scheme, Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AABCU 5068 J अपीलार्थी / Appellant निर्धारिती की ओर से / Assessee by: प्रत्यर्थी / Respond

For Appellant: Sh. C.M. Agarwal, CAFor Respondent: Smt. Roshanta Meena, CIT
Section 143(3)Section 153C

ACIT vs. M/s Udai Buildhome Pvt. Ltd. why the unsecured loan shown to be received should not be considered as unexplained cash credit u/s 68 of the I.T. Act. 5.8 In reply to the aforesaid SCN the assessee vide written submission through ITBA claimed that the company is regularly filing ... shell company which has no business activity and no existence and therefore, the unsecured loan taken was considered as unexplained cash credit u/s 68 of the Act for Rs. 59,06,725/-. While doing so he also made an addition of Rs. 14,766/- being the commission @ 0.25 % on acquiring

ACIT, Jaipur vs. Udai Buildhome Pvt Ltd, Jaipur

In the result, all the appeals of the revenue are dismissed

ITA 1400/JPR/2024[2015]Status: DisposedITAT Jaipur10 Mar 2025

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA Nos.1399, 1400, 1401 & 1486/JP/2024 निर्धारण वर्ष / Assessment Years : 2014-15, 2015-16, 2017-18 & 2018-19 Asstt. Commissioner of Income बनाम M/s Udai Buildhome Pvt. Tax, Vs. Ltd. 302, Golden Sunrise Central Circle-02, Jaipur Apartment, Lajpat Marg, C- Scheme, Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AABCU 5068 J अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee

For Appellant: Sh. C.M. Agarwal, CAFor Respondent: Smt. Roshanta Meena, CIT
Section 143(3)Section 153C

ACIT vs. M/s Udai Buildhome Pvt. Ltd. why the unsecured loan shown to be received should not be considered as unexplained cash credit u/s 68 of the I.T. Act. 5.8 In reply to the aforesaid SCN the assessee vide written submission through ITBA claimed that the company is regularly filing ... shell company which has no business activity and no existence and therefore, the unsecured loan taken was considered as unexplained cash credit u/s 68 of the Act for Rs. 59,06,725/-. While doing so he also made an addition of Rs. 14,766/- being the commission @ 0.25 % on acquiring