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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

Dibakar Swain, Chhoti Nikirai, Kendrapara vs. ITO, Ward Kendrapada, Kendrapada

In the result, appeal of the assessee stands partly allowed

ITA 562/CTK/2024[2017-2018]Status: HeardITAT Cuttack09 Jan 2025AY 2017-2018

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2017-18 Dibakar Dibakar Swain, Swain, Vs. Ito, Ward, Chakargunathpur, Chakargunathpur, Chhoti Chhoti Kendrapara. Nikirai, Kendrapara Nikirai, Kendrapara Pan/Gir No. No.Bbnxps 2582 N (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri S.K.Sarangi, Ca Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 09/01/20 2025 Date Of Pronouncement : 09/01/20 025 O R D E R Per Bench This Is An This Is An Appeal Filed By The Assessee Against The Order Of The Ld Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Cit(A), Cit(A), Nfac, Nfac, Nfac, Delhi Delhi Delhi Dated Dated Dated 17.8.2023 17.8.2023 17.8.2023 In In In Appeal Appeal Appeal No.Cit(A),Cuttack/10899/2019 No.Cit(A),Cuttack/10899/2019-20 For The Assessment Year Essment Year 2017-18. 2. Shri S.K.Sarangi S.K.Sarangi Ld Ar Appeared For The Assessee & Shri The Assessee & Shri S.C.Mohanty, Sr. , Sr. Dr Appeared For The Revenue.

For Appellant: Shri S.K.Sarangi, CAFor Respondent: Shri S.C.Mohanty, Sr DR
Section 145(3)Section 250Section 69A

case of Devi Prasad Vishwannath (supra) relied upon by ld Sr DR, wherein, it was held that where there is an unexplained cash credit, it is open to the Assessing Officer to examine and made the addition even if the income is estimated. We have perused the order

Yatinbhai Pramukhbhai Patel, Ahmedabad vs. The ACIT, Circle-3(3), Ahmedabad

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

ITA 434/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad09 Jan 2025AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.434/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2017-18 Yatinbhai Pramukhbhai Patel The Acit बनाम / V/S. Circle-3(3) 2, Parivar Society Part-2 Near Premchand Nagar Row-House, Ahmedabad – 380 015 Ahmedabad – 380 015 स्थायी लेखा सं./Pan: Adrpp 8846 K अपीलार्थी/ (Appellant) प्रत्यर्थी/ (Respondent) Assessee By : Shri Mehul Thakkar, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 07/01/2025 घोषणा की तारीख / Date Of Pronouncement: 09/01/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Arises Out Of The Order Dated 09/01/2024 Passed By The Commissioner Of Income Tax (Appeal), National Faceless Appeal Centre, Delhi (Nfac) [Hereinafter Referred To As “Cit(A)"] Confirming The Order Passed By The Assessing Officer (Hereinafter Referred To As "Ao") Under Section 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") For The Assessment Year 2017-18.

For Appellant: Shri Mehul Thakkar, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 142(1)Section 143(2)Section 144Section 68

assessment order dated 09/12/2019, the AO made the following additions: Unexplained Cash Deposits: 2. 1. Rs.11,00,000/- was treated as unexplained cash credit under Section 68 r.w.s.115BBE of the Act on the ground that no valid explanation or documentary evidence regarding the cash deposits was provided. Agricultural Income

Amit Rajnikant Joshi, Ahmedabad, Gujarat vs. The Deputy Commissioner of Income Tax, Ahmedabad, Gujarat

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

ITA 367/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad09 Jan 2025AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.367/Ahd/2024 िनधा"रण वष" /Assessment Year : 2012-13 Amit Rajnikant Joshi The Dy.Cit बनाम/ C-29, Aryaman Bungalows Anand Nagar V/S. Opp. Anand Niketan School Prahaladnagar Road Thaltej, Shilaj Road Ahmedabad – 380 05 Ahmedabad – 380 059 "थायी लेखा सं./Pan: Abmpj 6798 F अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Prashant Shrivastav, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 07/01/2025 घोषणा की तारीख /Date Of Pronouncement: 09/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Prashant Shrivastav, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 143(3)Section 147Section 68

amounts. The AO added unsecured loans received from three parties - K.D. Zala, Multitech Enterprises, and Reema S. Bhandari—to the total income as unexplained cash credits under Section 68, due to the absence of ITR acknowledgments, bank statements, and other supporting documents from the lenders. Amit Rajnikant Joshi vs. DCIT ... erred in confirming the order of the AO making addition under section 68 on account of unexplained cash credit of Rs.27,00,000/-. d. Any other ground which may be urged before or during the time of hearing of the appeal. 5. It was observed that there was a delay

DCIT Circle-2(1)(1), Ahmedabad, Vejalpur vs. Tatva Buildcon, Bhairavnath Road, Maninagar

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

ITA 1726/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad09 Jan 2025AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1726/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 The Dcit-2(1)(1) Tatva Buildcon बनाम/ Ahmedabad 1, Vraj Vihar Apartment, V/S. 2, Gopal Baug Society Bhairavnath Road Maninagar Ahmedabad – 380 008 "थायी लेखा सं./Pan: Aaift 8076 F अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Chirag R. Shah, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 07/01/2025 घोषणा की तारीख /Date Of Pronouncement: 09/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Chirag R. Shah, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 115BSection 142(1)Section 143(2)Section 143(3)Section 270ASection 271ASection 68

were submitted only for Rs.38,66,088/- of the unsecured loans and therefore Loans amounting to Rs.8,32,37,894/- were treated as unexplained cash credit under Section 68 of the Act due to non-submission of sufficient documentary evidence. The assessee claimed an interest expenditure of Rs.62 ... case and in law, the Ld CIT(A) was justified in deleting the addition of Rs.8.32,37,894/-on account of unexplained cash credit u/s be of the Act, without appreciating the facts of the case? 2. Whether on the facts and in the circumstances of the case