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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(2), Kolkata, Aayakar Bhawan Poorva vs. M/S. Delightful Estate Developers LLP, Kolkata

In the result, the CO of the assessee is allowed and the appeal of the Revenue is dismissed as infructuous

ITA 2309/KOL/2024[2017-18]Status: DisposedITAT Kolkata04 Mar 2025AY 2017-18

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm M/S Delightful Estate Developers Llp Acit, Cc 3(2), Kolkata Hasting Chamber, 5 Th Floor, Acit, Central Circle 3(2), Aaykar Room No.5C, 7C, Kiran Bhavan Poorva, 5Th Floor, 110, Vs. Shanti Pally, Kolkata-700107, Shankar Roy Road Kolkata West Bengal G.P.O. Kolkata-700001, West Bengal (Respondent) (Appellant) Pan No. Aamfd0344A Co No.04/Kol/2025 (Assessment Year: 2017-18) M/S Delightful Estate Developers Llp Acit, Cc 3(2), Kolkata Hasting Chamber, 5 Th Floor, Acit, Central Circle 3(2), Aaykar Room No.5C, 7C, Kiran Bhavan Poorva, 5 Th Floor, 110, Vs. Shankar Roy Road Kolkata Shanti Pally, Kolkata-700107, West Bengal G.P.O. Kolkata-700001, West Bengal (Appellant) (Respondent) Assessee By : Shri Sunil Surana, Ar Revenue By : Shri Rajat Datta, Dr Date Of Hearing: 28.01.2025 Date Of Pronouncement : 04.03.2025

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Rajat Datta, DR
Section 144BSection 147Section 148Section 37Section 47Section 68

that the loans were received from shell companies which were engaged in providing accommodation entries and therefore the said loans were treated as unexplained cash credit and added to the income of the assessee u/s 68 of the Act. Similarly, the interest paid on the said loans amounting

Income Tax Officer Ward 4 1 Kolkata, Kolkata vs. Panel Commerce Pvt Ltd, Kolkata

In the result, the appeal of the assessee is allowed

ITA 1292/KOL/2023[2013-14]Status: DisposedITAT Kolkata04 Mar 2025AY 2013-14

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Panel Commerce Pvt. Ltd. Income Tax Officer, Ward 4(2) 4 Synagogue Street, Aaykar Bhavan, P-7, 8Th Floor, Room No. 814, Chowringhee Square, Kolkata- Vs. Kolkata-700001, 700069, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aagcp4413P Co No. 1/Kol/2024 (Arising In Ita No.1929/Kol/2023 For A.Y. 2013-14) Panel Commerce Pvt. Ltd. Income Tax Officer, Ward 4(2) 4 Synagogue Street, Aaykar Bhavan, P-7, 8Th Floor, Room No. 814, Chowringhee Square, Kolkata- Vs. Kolkata-700001, 700069, West Bengal West Bengal (Appellant) (Respondent) Assessee By : Shri Sunil Surana, Ar Revenue By : Shri Raghuveer Madanappa, Dr Date Of Hearing: 30.01.2025 Date Of Pronouncement : 04.03.2025

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Raghuveer Madanappa, DR
Section 147Section 148Section 68

deletion of ₹4.94 crores by the ld. CIT (A) as made by the ld. AO u/s 68 of the Act on account of unexplained cash credit. 03. The facts in brief are that the assessee is engaged in the business of trading in equity shares and finances. The assessee filed ... asset side of the balance sheet and sale as revenue in profit & loss account. Therefore, the transaction cannot have been treated as unexplained cash credit u/s 68 of the Act in the case of assessee. In terms of the order passed by co-ordinate bench of ITAT Kolkata

Sadashiv B Dalawai, Raibag vs. Income Tax Department, Assessment Unit, Delhi

ITA 307/PAN/2024[2020-21]Status: DisposedITAT Panaji03 Mar 2025AY 2020-21

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 307/Pan/2024 Assessment Year : 2020-21 Sadashiv B Dalawai At Post Shiragur Tal.: Raibag, Dist. Belgaum Pan : Bdrpd7066A . . . . . . . Applicant V/S Income Tax Officer/Itd, Belgaum/New Delhi. . . . . . . . Respondent Appearances Assessee By : Mrs Viramma Muranal [‘Ld. Ar’] Revenue By : Mr M Satish [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 25/02/2025 घोषणा की तारीख / Date Of Pronouncement : 03/03/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order Itba/Nfac/S/250/2024-25/10703226271(1) Dt. 13/11/2024 Passed By The National Faceless Appeal Centre, Delhi [‘Ld. Nfac’ Hereinafter] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] Which In Turn Arisen Out Of Order Of Assessment Dt. 21/09/2022 Passed U/S 144 Of The Act By The National Faceless E-Asstt Centre [‘Ld. Ao’ Hereinafter] Anent To Assessment Year 2020-21[‘Ay’ Hereinafter].

For Appellant: Mrs Viramma Muranal [‘Ld. AR’]For Respondent: Mr M Satish [‘Ld. DR’]
Section 143(2)Section 144Section 246ASection 250Section 250(6)Section 68Section 80G

treated the same as bogus and consequently brought it to tax u/s 68 of the Act as unexplained cash credit. Further when claim of deduction of ₹35,24,163/- & ₹1,50,000/- made respectively u/s 80G and 80C u/c VI-A of the Act remained unsubstantiated by the assessee