← 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

Nepra Environmental Solutins Private Limited, Gandhinagar vs. The Income Tax Officer, Ward-3(1)(1), Ahmedabad

In the result, the appeal of the assessee is partly allowed

ITA 1683/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad25 Feb 2025AY 2013-14

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.1683/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2013-14 | Nepra Environmental- Solutions Private Limited 705, Sharan Circle Hub Nr. Sharan Homes, Zundal Gandhinagar 382 421 (Gujarat) स्थायी लेखा सं./Pan: Aaccp 0273 F (अपीलार्थी/ Appellant) Assessee By: Revenue By: | The Income Tax Officer बनाम / | Ward-3(1)(1) V/S. Ahmedabad (प्रत्यर्थी / Respondent) Shri Divyakant Parikh, Ar Shri Santosh Kumar, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 20/02/2025 25/02/2025 घोषणा की तारीख / Date Of Pronouncement: आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal Has Been Preferred By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi [Hereinafter Referred To As “Cit(A)"], Dated 07-08-2024, For The

For Appellant: Revenue byFor Respondent: The Income Tax Officer
Section 131Section 143(3)Section 56(2)(viib)Section 68

explanations regarding the source of investment were unsatisfactory. Consequently, the AO invoked section 68 of the Act, treating the share application money as unexplained cash credit and added Rs.95,00,000/- to the assessee's income. Additionally, the AO rejected the DCF method of share valuation adopted by the assessee

Mukesh K. Mulchandani, Ahmedabad vs. The Income Tax Officer, Ward-4(2)(3), Ahmedabad

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

ITA 707/AHD/2023[2014-15]Status: DisposedITAT Ahmedabad25 Feb 2025AY 2014-15

Bench: Dr. Brr Kumar & Shri T.R.Senthil Kumarआयकर अपील सं./Ita No.707/Ahd/2023 (िनधा"रण वष"/Assessment Year : 2014-15) बनाम/ Mukesh Kevalram The Income Tax Mulchandani Officer Vs. A-137,Sarboday Nagar Soc. Ward-4(2)(3) (No.2) Ahmedabad–380 015 Sola Road,Ghatlodia Ahmedabad – 380 001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aewpm 4974 R (अपीलाथ"/Appellant) (""थ" / Respondent) .. अपीलाथ" ओर से/ Assessee By : Shri Parin Shah, Ar ""थ" की ओर से/Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/ Date Of Hearing 22/01/2025 घोषणा की तारीख /Date Of Pronouncement 25 /02/2025 आदेश / O R D E R Per T.R. Senthil Kumar: This Appeal Is Filed By The Assessee As Against The Appellate Order Dated 14/08/2023 Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Cit(A)”] Arising Out Of The Assessment Order Passed U/S.143(3) R.W.S. 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Relating To The Assessment Year (Ay) 2014-15. 2. Brief Facts Of The Case Are That The Assessee Is An Individual Filed His Return Of Income For Ay 2014-15 On 18/10/2014 Mukesh K. Mulchandani Vs. Ito Asst.Year - 2014-15 Declaring Total Income Of Rs.8,64,710/-. The Assessee Is A Civil Contractor & Doing Business In The Name Of Proprietary- Concern, M/S.M.K. Builders. Regular Assessment U/S.143(3) Of The Act Was Completed On 24/11/2016 Assessing Total Income At Rs.8,69,220/-. The Assessment Was Revised U/S.263 Of The Act To Make Addition Of Rs.80 Lakhs On Account Of Unexplained Credit In The Books Of The Assessee As ‘Advance’ Received. Another Addition Of Rs.24,03,750/- Was Made By The Ao On Account Of Unexplained Credit As Per Form 26-As.

For Appellant: Shri Parin Shah, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 143(3)Section 234ASection 263Section 271(1)(c)

quashed. 2. Ld.NFAC erred in law and on facts in confirming action of AO treating mobilization advance of Rs.80,00,000/- as unexplained cash credit ignoring submission of the appellant. 3. Ld.NFAC ought to have considered fact that contractual income of party from whom mobilization advance received have been booked

Assistant Commissioner of Income Tax, Central Circle-3(4), Hyderabad vs. Ankaa Realtors, Hyderabad

In the result, appeal filed by the Revenue and assessee for the A

ITA 75/HYD/2021[2017-18]Status: DisposedITAT Hyderabad25 Feb 2025AY 2017-18

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.71/Hyd/2021 To 75/Hyd/2021 (निर्धारण वर्ा/A.Y.: 2011-12, 2012-13, 2015-16 To 2017-18) Asst.Commissioner Of Vs. M/S Ankaa Realtors Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.102/Hyd/2021 To 108/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 To 2017-18) M/S Ankaa Realtors Vs. Asst.Commissioner Of Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 27/11/2024 घोर्णध की तधरीख/Date Of 25/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Cross Appeals Filed By The Revenue & The Assessee Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 To 2017-18. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 139Section 139(1)Section 139(5)Section 153A

material on record and gone through the orders of the authorities below. The Assessing Officer made addition of Rs.2,72,16,570/- towards unexplained cash credit, on the ground that the assessee could not explain the source for cash deposited into the bank account. The assessee explained total amount ... available in paper book page 5 and 6. On going through the evidences filed by the assessee, Rs.12,97,27,500/- as unexplained cash credit, even though the cash deposited in the bank account is only to the extent of Rs.2,87,77,500/- and the balance amount

Assistant Commissioner of Income Tax, Central Circle -3(4), Hyderabad vs. Ankaa Realtors, Hyderabad

In the result, appeal filed by the Revenue and assessee for the A

ITA 74/HYD/2021[2016-17]Status: DisposedITAT Hyderabad25 Feb 2025AY 2016-17

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.71/Hyd/2021 To 75/Hyd/2021 (निर्धारण वर्ा/A.Y.: 2011-12, 2012-13, 2015-16 To 2017-18) Asst.Commissioner Of Vs. M/S Ankaa Realtors Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.102/Hyd/2021 To 108/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 To 2017-18) M/S Ankaa Realtors Vs. Asst.Commissioner Of Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 27/11/2024 घोर्णध की तधरीख/Date Of 25/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Cross Appeals Filed By The Revenue & The Assessee Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 To 2017-18. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 139Section 139(1)Section 139(5)Section 153A

material on record and gone through the orders of the authorities below. The Assessing Officer made addition of Rs.2,72,16,570/- towards unexplained cash credit, on the ground that the assessee could not explain the source for cash deposited into the bank account. The assessee explained total amount ... available in paper book page 5 and 6. On going through the evidences filed by the assessee, Rs.12,97,27,500/- as unexplained cash credit, even though the cash deposited in the bank account is only to the extent of Rs.2,87,77,500/- and the balance amount

Assistant Commissioner of Income Tax, Central Circle -3(4), Hyderabad vs. Ankaa Realtors, Hyderabad

In the result, appeal filed by the Revenue and assessee for the A

ITA 73/HYD/2021[2015-16]Status: DisposedITAT Hyderabad25 Feb 2025AY 2015-16

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.71/Hyd/2021 To 75/Hyd/2021 (निर्धारण वर्ा/A.Y.: 2011-12, 2012-13, 2015-16 To 2017-18) Asst.Commissioner Of Vs. M/S Ankaa Realtors Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.102/Hyd/2021 To 108/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 To 2017-18) M/S Ankaa Realtors Vs. Asst.Commissioner Of Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 27/11/2024 घोर्णध की तधरीख/Date Of 25/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Cross Appeals Filed By The Revenue & The Assessee Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 To 2017-18. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 139Section 139(1)Section 139(5)Section 153A

material on record and gone through the orders of the authorities below. The Assessing Officer made addition of Rs.2,72,16,570/- towards unexplained cash credit, on the ground that the assessee could not explain the source for cash deposited into the bank account. The assessee explained total amount ... available in paper book page 5 and 6. On going through the evidences filed by the assessee, Rs.12,97,27,500/- as unexplained cash credit, even though the cash deposited in the bank account is only to the extent of Rs.2,87,77,500/- and the balance amount