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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, Circle - 7(1), Kolkata, Aayakar Bhawan vs. Ugraya Foods and Feeds Private Limited, Jalpaiguri

In the result, the appeal of the revenue is dismissed

ITA 1341/KOL/2024[2020-2021]Status: DisposedITAT Kolkata13 Feb 2025AY 2020-2021

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1341/Kol/2024 Assessment Year: 2020-21 Acit, Circle-7(1), Kolkata……...………………...…….………....Appellant Vs. Ugraya Foods & Feeds Pvt. Ltd……............................…..…..... Respondent 12A, Dabgram Industrial Centre, Fulbari, Near Krishna Weight Bridge. [Pan: Aaacy8901B] Appearances By: Shri P. N. Barnwal, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Amit Agarwal, Advocate, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 02, 2025 Date Of Pronouncing The Order : February 13, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 26.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Registry Has Informed That There Is A Delay Of 111 Days In Filing The Present Appeal. The Revenue Filed Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause & Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Assessment Year 2020-21 By Declaring Total Income Of Rs.23,48,56,350/-. The Case Of The Assessee Was Selected For Scrutiny Under Cass With Specific Reasons Being Substantial Unexplained Loans

Section 142(1)Section 14ASection 250Section 68

received from M/s Bonn Suppliers Pvt. Ltd. The Assessing Officer while passing the assessment order treated the said loan as unexplained cash credit u/s 68 of the Act alleging that the creditor was shell company and had no capacity to advance the loan. While passing the assessment order, the Assessing

Kanhaiya Lal Bansal, Agra vs. ACIT, Circle 1(1)(1), Agra

The appeal stand allowed in terms of our above order

ITA 191/AGR/2022[2017-18]Status: DisposedITAT Agra12 Feb 2025AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.191/Agr/2022 (िनधा"रणवष" / Assessment Year: 2017-18) बनाम/ Shri Kanhaiya Lal Bansal Acit Circle 1(1)(1) 3/28A, Khandari, Agra – 282002 Agra Vs. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acrpb-3050-G (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sushil Maheshwari (Ca)- Ld.Ar " थ"कीओरसे/Respondent By : Shri Shailendra Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 12-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 12-02-2025

For Appellant: Shri Sushil Maheshwari (CA)- Ld.ARFor Respondent: Shri Shailendra Shrivastava – Ld. Sr. DR
Section 143(3)Section 68

book of M/s Sahitya Bhawan Publications but he only provided relevant pages of the cash book. Finally, the aforesaid amount was treated as unexplained cash credit u/s 68 and added to the income of the assessee. The Ld. CIT(A) confirmed the impugned addition which is in further appeal before ... that the provisions of Sec. 68 could not be invoked by Ld. AO on the fact of the case since there is no unexplained cash credit in the books of the assessee rather the assessee has deposited advance income tax and it successfully discharged the primary onus of establishing

Darshan Shaileshkumar Kothari, Bhavnagar vs. The Dy.CIT., Circle-1(1), Ahmedabad

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

ITA 151/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad12 Feb 2025AY 2018-19

Bench: Mrs. Annapurna Gupta & Shri Siddhartha Nautiyal"नधा"रणवष"/Assessment Year: 2018-19 Vs. Darshan Shaileshkumar Kothari, Deputy Commissioner Of 0 Near Jain Upashray, Income-Tax, Limbda, Bhavnagar, Circle 1(1), Gujarat-364240 Bhavnagar [Pan : Eebpk 5909 F] अपीलाथ"/ अपीलाथ"/ (Appellant) अपीलाथ"/ अपीलाथ"/ " य " यथ"/ " य " य थ"/ थ"/ (Respondent) थ"/ Assessee By : Shri Parimal Sinh B. Parmar, Ar Revenue By : Adjournment Application Filed सुनवाई क$ तार"ख/Date Of Hearing : 21.11.2024 सुनवाई क$ तार"ख सुनवाई क$ तार"ख सुनवाई क$ तार"ख घोषणा क$ तार"ख /Date Of Pronouncement: 12.02.2025 घोषणा क$ तार"ख / घोषणा क$ तार"ख / घोषणा क$ तार"ख / आदेश/O R D E R आदेश/ आदेश/ आदेश/ Per Siddhartha Nautiyal:

For Appellant: Shri Parimal Sinh B. Parmar, ARFor Respondent: Adjournment application filed
Section 250Section 270ASection 271ASection 68Section 69C

justice. 2. The Ld. CIT(A) has erred in law and on facts in confirming the addition of Rs.1,63,55,502/- as unexplained cash credit u/s. 68 r.w.s 115BBE of the Act. 3. Alternatively, and without prejudice the Ld. CIT(A) ought to have limited the addition to peak ... companies from whom the assessee has received such substantial amounts. Accordingly, the assessee added a sum of Rs.1,63,55,502/- as unexplained cash credits u/s 68 of the Act. Further, the Assessing Officer also observed that the assessee had transferred certain sums to various parties viz. Naisar Kothari (Rs.20