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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

Marappan Lakshmanan, Erode vs. ITO, Ward-2(1), Erode

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

ITA 3347/CHNY/2024[2017-18]Status: DisposedITAT Chennai28 Feb 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.3347/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Marappan Lakshmanan, Vs. The Income Tax Officer, 43, Olapalayam B.O., Ward 2(1), Perundurai, Erode 638 052. Erode. [Pan:Afhpl5944A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate (Erode) ""थ" की ओर से/Respondent By : Shri A. Sasikumar, Cit सुनवाई की तारीख/ Date Of Hearing : 24.02.2025 घोषणा की तारीख /Date Of Pronouncement : 28.02.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 12.11.2024 Passed By The Addl/Jcit(A)-9, Mumbai For The Assessment Year 2017-18. 2. The Assessee Raised 4 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Addition Made By The Assessing Officer Under Section 69A Of The Income Tax Act, 1961 [“Act” In Short] In The Facts & Circumstances Of The Case.

For Appellant: Shri S. Sridhar, Advocate (Erode)For Respondent: Shri A. Sasikumar, CIT
Section 143(3)Section 69A

under section 143(3) of the Act dated 24.12.2019 by making addition of ₹.7,98,901/- [₹.2,67,000 + 5,31,000] towards unexplained cash credit under section 69A of the Act and undisclosed business income of ₹.1,79,000/-. On appeal, the first appellate authority allowed relief

Kanyakumari Habitat for Humanity, Kanyakumari vs. ITO Exemptions Ward, Tirunelveli

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 3328/CHNY/2024[2018-19]Status: DisposedITAT Chennai28 Feb 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.3328/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 Kanyakumari Habitat For Humanity, Vs. The Income Tax Officer, 72, Jacob Street Nesamany Nagar, Exemptions Ward, Nagerkoil, Kanyakumari 629 001. Tirunelveli. [Pan:Aactk1063D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Girish Kumar, Advocate ""थ" की ओर से/Respondent By : Shri A. Sasikumar, Cit सुनवाई की तारीख/ Date Of Hearing : 24.02.2025 घोषणा की तारीख /Date Of Pronouncement : 28.02.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.11.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 2. The Assessee Raised 14 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Addition Made Under Section 69A Of The Income

For Appellant: Shri Girish Kumar, AdvocateFor Respondent: Shri A. Sasikumar, CIT
Section 143(2)Section 147Section 148Section 69A

evidence. Since there was no reply against show-cause notice issued, the Assessing Officer treated the cash deposits of ₹.34,34,674/- as unexplained cash credit under section 69A of the Act. On appeal, since there was no response against notices issued, the ld. CIT(A) dismissed the appeal

Smt. Jayanthi Seeman, Chennai vs. ITO, Ncw - 1 (2), Chennai

ITA 773/CHNY/2020[2013-14]Status: DisposedITAT Chennai28 Feb 2025AY 2013-14

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S.R.Raghunatha, Hon'Bleआयकर अपील सं/.Ita Nos.: 770, 771, 772 & 773/Chny/2020 निर्धा रणवर्ष / Assessment Years: 2010-11, 2011-12, 2012-13 & 2013-14 Smt. Jayanthi Seeman, C/O. Aparna Nandakumar, Advocate & Tax Consultant, J Nandakumar & Poojesh J (Advocates) No. 6, Ramakrishna Street, T.Nagar, Chennai – 600 017. [Pan: Acypj-0739-K] (अपीलार्थी/Assessee) अपीलार्थीकीओरसे/Assessee By प्रत्यर्थीकीओरसे/Respondent By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख/Date Of Pronouncement Income Tax Officer, Non-Corporate Ward -1(2), Chennai. (प्रत्यर्थी/Respondent) Shri. Y. Sridhar, Fca Shri. R. Raghupathy, Addl.Cit 20.02.2025 28.02.2025 आदेश/Order Per S. R. Raghunatha: These Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals) - 2, Chennai, All Dated 30.07.2020 For The Assessment Years 2010-11 To 2013-14.

Section 132Section 143(3)Section 69

received back which works out to Rs.24,87,500/- ought to be considered as cash inflow and to that extent there is no unexplained cash credit as alleged by the AO. (b)Cash withdrawn from bank by Bharath: Rs.18,50,000/-: The Id.AR stated that the AO has not considered ... authenticity/correctness of the books of account produced itself is under question...) Accordingly, the AO has made addition of Rs.1,01,59,959/- towards unexplained cash credit u/s.68 of the Act. The Id.CIT(A) in his Order dated 30.07.2020 vide para 7.6 has stated that the assessee did not explain

Smt. Jayanthi Seeman, Chennai vs. ITO, Ncw - 1 (2), Chennai

ITA 772/CHNY/2020[2012-13]Status: DisposedITAT Chennai28 Feb 2025AY 2012-13

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S.R.Raghunatha, Hon'Bleआयकर अपील सं/.Ita Nos.: 770, 771, 772 & 773/Chny/2020 निर्धा रणवर्ष / Assessment Years: 2010-11, 2011-12, 2012-13 & 2013-14 Smt. Jayanthi Seeman, C/O. Aparna Nandakumar, Advocate & Tax Consultant, J Nandakumar & Poojesh J (Advocates) No. 6, Ramakrishna Street, T.Nagar, Chennai – 600 017. [Pan: Acypj-0739-K] (अपीलार्थी/Assessee) अपीलार्थीकीओरसे/Assessee By प्रत्यर्थीकीओरसे/Respondent By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख/Date Of Pronouncement V. Income Tax Officer, Non-Corporate Ward -1(2), Chennai. (प्रत्यर्थी/Respondent) Shri. Y. Sridhar, Fca Shri. R. Raghupathy, Addl.Cit 20.02.2025 28.02.2025 आदेश/Order Per S. R. Raghunatha: These Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals) - 2, Chennai, All Dated 30.07.2020 For The Assessment Years 2010-11 To 2013-14.

Section 132Section 143(3)Section 69

received back which works out to Rs.24,87,500/- ought to be considered as cash inflow and to that extent there is no unexplained cash credit as alleged by the AO. (b)Cash withdrawn from bank by Bharath: Rs.18,50,000/-: The Id.AR stated that the AO has not considered ... authenticity/correctness of the books of account produced itself is under question...) Accordingly, the AO has made addition of Rs.1,01,59,959/- towards unexplained cash credit u/s.68 of the Act. The Id.CIT(A) in his Order dated 30.07.2020 vide para 7.6 has stated that the assessee did not explain

Smt. Jayanthi Seeman, Chennai vs. ITO, Ncw - 1 (2), Chennai

In the result the appeal of the assessee is partly allowed

ITA 771/CHNY/2020[2011-12]Status: DisposedITAT Chennai28 Feb 2025AY 2011-12

Bench: Shri Aby T. Varkey, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकर अपील सं/.Ita Nos.: 770, 771, 772 & 773/Chny/2020 िनधा" रणवष" / Assessment Years: 2010-11, 2011-12, 2012-13 & 2013-14 Smt. Jayanthi Seeman, Income Tax Officer, C/O. Aparna Nandakumar, V. Non-Corporate Ward -1(2), Advocate & Tax Consultant, Chennai. J Nandakumar & Poojesh J (Advocates) No. 6, Ramakrishna Street, T.Nagar, Chennai – 600 017. [Pan: Acypj-0739-K] (अपीलाथ"/Assessee) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Assessee By : Shri. Y. Sridhar, Fca ""यथ"क"ओरसे/Respondent By : Shri. R. Raghupathy, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 20.02.2025 घोषणाकीतारीख/Date Of Pronouncement : 28.02.2025 आदेश/ O R D E R

For Appellant: Shri. Y. Sridhar, FCAFor Respondent: Shri. R. Raghupathy, Addl.CIT
Section 132Section 143(3)Section 69

received back which works out to Rs.24,87,500/- ought to be considered as cash inflow and to that extent there is no unexplained cash credit as alleged by the AO. (b)Cash withdrawn from bank by Bharath: _Rs.18,50,000/-: The ld.AR stated that the AO has not considered ... authenticity/correctness of the books of account produced itself is under question…)" Accordingly, the AO has made addition of Rs.1,01,59,959/- towards unexplained cash credit u/s.68 of the Act. The ld.CIT(A) in his Order dated 30.07.2020 vide para 7.6 has stated that the assessee did not explain