← 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

Ambasankar, Chennai vs. ITO, Corporate Ward-5(4), Chennai

The appeal stand partly allowed

ITA 2494/CHNY/2024[2017-18]Status: DisposedITAT Chennai17 Dec 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.2494/Chny/2024 (िनधा:रणवष: / Assessment Year: 2017-18) Shri Ambasankar Ito बनाम/ No.1 Deccan Nest, Veeramamunivar Corporate Ward-5(4) Street, Cbi Colony, Perungudi, Chennai. Vs. Chennai-600 096. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aeypa-1010-Q (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri M. Karunakaran (Advocate)- Ld.Ar " थ"कीओरसे/Respondent By : Shri S. Easwar (Jcit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 16-12-2024 घोषणा की तारीख /Date Of Pronouncement : 17-12-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri M. Karunakaran (Advocate)- Ld.ARFor Respondent: Shri S. Easwar (JCIT)-Ld. Sr. DR
Section 143(3)Section 68

against the same, the first deposit of Rs.5.39 Lacs was allowed and the balance amount of Rs.13.70 Lacs was held to be unexplained cash credit and added to the income of the assessee. The assessee reflected receipts from three persons which aggregated to Rs.31.75 Lacs out of which amount ... Rs.17 Lacs was received in this year. Accordingly, the same was added as unexplained cash credit u/s 68. Upon further appeal, Ld. CIT(A) confirmed the action of Ld. AO against which the assessee is in further appeal before us. Our findings and Adjudication 3. From the facts

Income Tax Officer, Kolkata vs. Jkj Jewellers (Hcm), Kolkata

In the result, the appeal of the Revenue as well as CO of the assessee are dismissed

ITA 420/KOL/2024[2017-18]Status: DisposedITAT Kolkata16 Dec 2024AY 2017-18

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Jkj Jewellers (Hcm) Income Tax Officer 1St Floor, 18, Hanspukur First 3, Govt. Place (West), Ground Lane, Burrabazar, Floor, Kolkata-700069, West Vs. Kolkata-700007, Bengal West Bengal (Appellant) (Respondent) Pan No. Aakfj7956Q Co No. 26/Kol/2024 (Arising In Ita No. 420/Kol/2024 For A.Y. 2017-18) Jkj Jewellers (Hcm) Income Tax Officer 1St Floor, 18, Hanspukur First 3, Govt. Place (West), Ground Lane, Burrabazar, Floor, Kolkata-700069, Vs. Kolkata-700007, West Bengal West Bengal (Appellant) (Respondent) Assessee By : Shri S. Jhajharia, Ar Revenue By : Shri Pradip Kumar Biswas, Dr Date Of Hearing: 28.11.2024 Date Of Pronouncement : 16.12.2024

For Appellant: Shri S. Jhajharia, ARFor Respondent: Shri Pradip Kumar Biswas, DR
Section 143Section 68

only issue raised in the appeal of the Revenue is against the deletion of addition of ₹3,79,37,000/- as unexplained cash credit for on account of cash deposited in the bank account of the assessee during demonetization period. 03. The facts in brief are that the assessee filed ... 13th November,2016, were ₹15,000/-. Finally, the ld. AO rejected the reply of the assessee and treated the same as unexplained cash credit and added to the total income of the assessee u/s 68 of the Act by making an addition of ₹3,79,37,000/- in the assessment

Haridas, Pilibhit vs. ITO Range-2(4), Pilibhit

In the result, the appeal of the Assessee stands allowed for statistical purposes

ITA 402/LKW/2024[2010-11]Status: DisposedITAT Lucknow13 Dec 2024AY 2010-11

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2010-11 Haridas V. The Income Tax Officer 418, Amaria, Sitarganj Marg Range 2(4) Pilibhit (U.P) Pilibhit Tan/Pan:Apqph6916R (Appellant) (Respondent) Appellant By: Shri K. R. Rastogi, C.A. Respondent By: Shri Sunil Kumar Rajwanshi, D.R. Date Of Hearing: 12 12 2024 Date Of Pronouncement: 13 12 2024 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 19.01.2024, Passed By The Ld. Commissioner Of Income Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2010-11. 2. The Brief Facts Of The Case Are That As Per Air Information Received In The Office Of The Income Tax Department, It Was Noted That The Assessee Had Deposited A Sum Of Rs.12,01,000/- In His Saving Bank Account During The Year Under Consideration. The Assessee Had Not Filed His Return Of Income For The Year Under Consideration. The Assessing Officer (Ao) Issued Statutory Notices To The Assessee. However, There Was No Compliance From The Side Of The Assessee. The Ao

For Appellant: Shri K. R. Rastogi, C.AFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 147Section 148

Rs.12,01,000/- after making addition of the cash deposited in the Bank Account of the assessee, i.e. Rs.12,01,000/- as unexplained cash credit. Aggrieved, the assessee preferred an appeal before 3. the NFAC, who dismissed the appeal of the assessee by passing an order ex-parte