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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-2(4), Hyderabad vs. Vasudeva Realtors Private Limited, Hyderabad

In the result, the appeal filed by the assessee and the appeal filed by the Revenue are dismissed

ITA 729/HYD/2020[2014-15]Status: DisposedITAT Hyderabad07 Jan 2025AY 2014-15

Bench: Shri Laliet Kumar, Hon’Ble & Shri G. Manjunatha, Hon’Bleआ.अपी.सं / Ita No.729 & 755/Hyd/2024 (निर्धारण वर्ा / Assessment Years: 2015-16 & 2017-18) The Income Tax Officer, Vs. Sidhi Jewellers, Ward 6(1), Hyderabad. Hyderabad.. Pan No.Aagfs4330P. अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent आ.अपी.सं / Ita Nos.750 & 751/Hyd/2024 (निर्धारण वर्ा / Assessment Years: 2015-16 & 2017-18) Sidhi Jewellers, Vs. The Income Tax Officer, Hyderabad. Ward 6(1), Hyderabad. Pan No.Aagfs4330P. अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent निर्धाररती द्वधरध/Assessee By: Shri S. Ramarao, Advocate. रधजस्‍व द्वधरध/Revenue By: Shri B. Bala Krishna, Cit-Dr.

For Appellant: Shri S. Ramarao, AdvocateFor Respondent: Shri B. Bala Krishna, CIT-DR
Section 148Section 148A

Assessing Officer towards cash deposit of Rs.5,90,35,000/- and sustained balance cash deposit of Rs.3,78,35,000/- as unexplained cash credits. In our considered view, the findings recorded by the Assessing Officer and the Ld.CIT(A) is not controverted by the assessee with any evidence and therefore

Mintu Das, Kolkata vs. ACIT, Cir. 28, Kolkata

In the result, appeal of the assessee is allowed as per terms indicated above

ITA 8/KOL/2024[2015-16]Status: DisposedITAT Kolkata06 Jan 2025AY 2015-16

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.08/Kol/2024 Assessment Year: 2015-16 Mintu Das………………………...………........………………....Appellant C/O S. N. Ghosh & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Kolkata –1. [Pan: Adppd3034M] Vs. Acit, Circle-28, Kolkata…….……….…............................…..…..... Respondent Appearances By: Shri Somnath Ghosh, Advocate, Appeared On Behalf Of The Appellant. Shri Pradip Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 21, 2024 Date Of Pronouncing The Order : January 06, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 13.11.2023 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’) Pertaining To Assessment Year 2015-16. 2. In This Appeal, The Assessee Challenged The Validity Of The Assessment Proceedings Completed U/S 143(3) Of The Act & Consequent To That, An Addition Of Rs.69,42,916/- U/S 68 R.W.S. 115Bbe Of The Act & Further Addition Of A Sum Of Rs.4,86,004/- U/S 69 R.W.S. 115Bbe Of The Act. 3. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income On 28.09.2015 By Declaring A Total Income Of Rs.16,50,920/-. The Case Of The Assessee Was Selected For Scrutiny Under Compulsory

Section 10(38)Section 115BSection 143(2)Section 143(3)Section 250Section 68Section 69

held that LTCG was not genuine and added the entire sale proceeds of Rs.69,42,916/- to the income of the assessee as unexplained cash credit u/s 68 of the Act subjected to tax u/s 115BBE of the Act along with an amount of Rs.4,86,004/- on account

Mr. Mohd.Imroseiqbal, Delhi vs. ITO, Ward 63(2), Delhi

In the result, order of the CIT(A) on the issues raised before us by the Revenue in its appeal are upheld and appeal of the Revenue is dismissed

ITA 3513/DEL/2023[2017-18]Status: DisposedITAT Delhi03 Jan 2025AY 2017-18

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.3513/ िद"ी /2019 (िन.व. 2013-14) Income Tax Officer, Ward-4(4), R. No. 385A, 3Rd Floor, Cr Building, Ip Estate, ...... अपीलाथ"/Appellant New Delhi 110002 बनाम Vs. Bharatpuria Finance & Investment Ltd., C-4/164, Keshav Puram, Delhi 110035 ..... "ितवादी/Respondent Pan: Aaacb-3662-N Assessee By : Shri Ravi Saini, Managing Director Department By: Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 24/04/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 09/07/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-2, New Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 23.01.2019, For Assessment Year 2013-14. 2. Brief Facts Of The Case As Emanating From Records Are: The Assessee Is A Non Banking Finance Company. The Assessee Filed Its Return Of Income For The Impugned Assessment Year Declaring Nil Income & Claiming Current Year Loss Of Rs.4,02,609/-.

For Appellant: Shri Ravi Saini, Managing DirectorFor Respondent: Shri Ashish Tripathi, Sr. DR
Section 143(3)Section 68

India Rs.2,32,19,000/-; iii. notional interest @12% on the loans and advances given to the different parties Rs.48,70,326/-; iv. unexplained cash credit Rs.25,00,000/-; & v. disallowance of depreciation Rs.2,74,748/-.” 3. Aggrieved by the additions made in assessment order dated 21.03.2016 passed ... Revenue is in appeal assailing deleting of additions on account of; income from undisclosed sources Rs.4,50,00,000/-, unexplained cash credit u/s. 68 of the Act Rs.25,00,000/- and allowing depreciation on fixed assets (computer) Rs.14,941/-. 4. Shri Ashish Tripathi, representing the department vehemently supporting findings