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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

Altiux Innovations Private Limited, Hyderabad vs. DCIT., Circle- 1(1), Hyderabad

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1008/HYD/2024[2020-21]Status: DisposedITAT Hyderabad16 Jan 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1006 To 1008/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2020-21) Altiux Innovations (P) Ltd Vs. Dy. Commissioner Of Hyderabad Income Tax, Circle 1(1) Pan: Aalca9069R Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Sai Sarikonda, Ca राज" व "ारा/Revenue By:: Shri B Bala Krishna, Dr सुनवाई की तारीख/Date Of Hearing: 09/01/2025 घोषणा की तारीख/Pronouncement: 16/01/2025 आदेश/Order

For Appellant: Shri Sai Sarikonda, CAFor Respondent: : Shri B Bala Krishna, DR
Section 144Section 270ASection 271ASection 32Section 68

learned CIT (A) passed ex-parte orders and made arbitrary addition to the total income of the assessee on account of unexplained cash credit which was nothing but loan taken from the Director as well Page 2 of 8 ITA Nos 1006 to 1008 of 2024 Altiux Innovations ... Altiux Innovations P Ltd intangible assets. Accordingly, the Assessing Officer has made the addition on account of unexplained cash credit u/s 68 of the Act as well as disallowed the depreciating on intangible assets. 8. The learned CIT (A) has also passed the impugned order ex-parte when there

Altiux Innovations Private Limited, Hyderabad vs. DCIT., Circle-1(1), Hyderabad

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1007/HYD/2024[2020-21]Status: DisposedITAT Hyderabad16 Jan 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1006 To 1008/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2020-21) Altiux Innovations (P) Ltd Vs. Dy. Commissioner Of Hyderabad Income Tax, Circle 1(1) Pan: Aalca9069R Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Sai Sarikonda, Ca राज" व "ारा/Revenue By:: Shri B Bala Krishna, Dr सुनवाई की तारीख/Date Of Hearing: 09/01/2025 घोषणा की तारीख/Pronouncement: 16/01/2025 आदेश/Order

For Appellant: Shri Sai Sarikonda, CAFor Respondent: : Shri B Bala Krishna, DR
Section 144Section 270ASection 271ASection 32Section 68

learned CIT (A) passed ex-parte orders and made arbitrary addition to the total income of the assessee on account of unexplained cash credit which was nothing but loan taken from the Director as well Page 2 of 8 ITA Nos 1006 to 1008 of 2024 Altiux Innovations ... Altiux Innovations P Ltd intangible assets. Accordingly, the Assessing Officer has made the addition on account of unexplained cash credit u/s 68 of the Act as well as disallowed the depreciating on intangible assets. 8. The learned CIT (A) has also passed the impugned order ex-parte when there

Altiux Innovations Private Limited, Hyderabad vs. DCIT., Circle-1 (1), Hyderabad

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1006/HYD/2024[2020-21]Status: DisposedITAT Hyderabad16 Jan 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1006 To 1008/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2020-21) Altiux Innovations (P) Ltd Vs. Dy. Commissioner Of Hyderabad Income Tax, Circle 1(1) Pan: Aalca9069R Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Sai Sarikonda, Ca राज" व "ारा/Revenue By:: Shri B Bala Krishna, Dr सुनवाई की तारीख/Date Of Hearing: 09/01/2025 घोषणा की तारीख/Pronouncement: 16/01/2025 आदेश/Order

For Appellant: Shri Sai Sarikonda, CAFor Respondent: : Shri B Bala Krishna, DR
Section 144Section 270ASection 271ASection 32Section 68

learned CIT (A) passed ex-parte orders and made arbitrary addition to the total income of the assessee on account of unexplained cash credit which was nothing but loan taken from the Director as well Page 2 of 8 ITA Nos 1006 to 1008 of 2024 Altiux Innovations ... Altiux Innovations P Ltd intangible assets. Accordingly, the Assessing Officer has made the addition on account of unexplained cash credit u/s 68 of the Act as well as disallowed the depreciating on intangible assets. 8. The learned CIT (A) has also passed the impugned order ex-parte when there

Muslim Alam, East Champaran vs. ACIT, NFAC, Delhi

The appeal of the assessee is allowed for statistical purposes

ITA 333/PAT/2023[2016-17]Status: DisposedITAT Patna15 Jan 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.333/Pat/2023 Assessment Year: 2016-17 Muslim Alam……………………………….……………....…....Appellant S/O Late Samid Miyan, H. No.34, Vill. Lachchmipur, Kaurihar, East Champaran, Bihar-845305. [Pan: Bakpa7419J] Vs. Acit, Nfac, Delhi…....…..…………….............................…..…..... Respondent Appearances By: Shri Sanjeev Kr. Anwar, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 09, 2025 Date Of Pronouncing The Order : January 15, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 17.10.2023 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. Brief Facts Of The Case Are That The Assessee Is An Individual & Was Engaged In Tailoring Work In The Village Of Raxaul. As The Assessee Did Not File Its Return Of Income For The Assessment Year 2016-17, The Case Of The Assessee Was Reopened U/S 147 By Issuing Notice U/S 148 Of The Act On The Ground That The Assessee Had Deposited A Cash Amounting To Rs.1,49,05,621/- Into Its Bank Account & Had Also Earned Interest Income Of Rs.4,06,892/- Thereupon. Since The Assessee Did Not File Income Tax Return In Response To Notice U/S 148 Of The Act, Further A Notice U/S 142(1) Of The Act Was Issued Requiring The Assessee

Section 142(1)Section 144Section 147Section 148Section 250Section 69A

period. In the absence of any explanation in this respect, the Assessing Officer treated the cash deposits of Rs.1,49,05,621/- as unexplained cash credit u/s 69A of the Act including interest income thereon of Rs.4,06,892/- charging tax on the same as per 115BBE