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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

Abhaykumar Sevantilal Sanghavi, Deesa vs. The ACIT, Circle- Palanpur, Palanpur

Accordingly, these grounds are dismissed as infructuous

ITA 1368/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad13 Dec 2024AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1367/Ahd/2024 & 1368/Ahd/2024 िनधा"रण वष" /Assessment Years :2016-17 & 2017-18 Respectively Abhaykumar Sevantilal Acit Circle, Palanpur बनाम/ Sanghavi [Old Jurisdiction-Circle, V/S. Sanghavi Brothers Palanpur. 1St Floor, Swastik Bldg New Jurisdiction-Circle, Nr. City Police Station Gandhinagar.] Nr. Dena Bank, Main Bazar Deesa – 385 535 (Gujarat) "थायी लेखा सं./Pan: Afbps 1660 L (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Mehul Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05/12/2024 घोषणा की तारीख /Date Of Pronouncement: 13/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both These Appeals Preferred By The Assessee Pertain To The Assessment Years (Ays) 2016-17 & 2017-18. Since The Issues Involved Are Common & Connected, They Were Heard Together & Are Being Disposed Of By This Consolidated Order. The Appeals Arise Out Of The Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The

For Appellant: Shri Mehul Shah, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 115BSection 143(1)Section 143(3)Section 14ASection 23(4)Section 250Section 68

Disallowance u/s 14A Rs. 14,042/- Not applicable Proportionate Interest Disallowance Rs. 38,36,692/- Rs. 44,06,456/- Unexplained Cash Credits (Sec. 68) Rs. 16,50,000/- Rs. 12,50,000/- Disallowance of Cost of Improvement Rs. 29,18,308/- Rs. 51,88,368/- (Capital Gains) Bogus Gift ... erred in confirming the action of assessing officer in making an addition Rs.16,50,000/- u/s 68 of the Act on account of unexplained cash credit. 4. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming

Abhaykumar Sevantilal Sanghavi, Deesa vs. Old Jurisdiction- Circle, Palanpur New Jurisdiction-Circle, Gandhinagar

Accordingly, these grounds are dismissed as infructuous

ITA 1367/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad13 Dec 2024AY 2016-17

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1367/Ahd/2024 & 1368/Ahd/2024 िनधा"रण वष" /Assessment Years :2016-17 & 2017-18 Respectively Abhaykumar Sevantilal Acit Circle, Palanpur बनाम/ Sanghavi [Old Jurisdiction-Circle, V/S. Sanghavi Brothers Palanpur. 1St Floor, Swastik Bldg New Jurisdiction-Circle, Nr. City Police Station Gandhinagar.] Nr. Dena Bank, Main Bazar Deesa – 385 535 (Gujarat) "थायी लेखा सं./Pan: Afbps 1660 L (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Mehul Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05/12/2024 घोषणा की तारीख /Date Of Pronouncement: 13/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both These Appeals Preferred By The Assessee Pertain To The Assessment Years (Ays) 2016-17 & 2017-18. Since The Issues Involved Are Common & Connected, They Were Heard Together & Are Being Disposed Of By This Consolidated Order. The Appeals Arise Out Of The Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The

For Appellant: Shri Mehul Shah, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 115BSection 143(1)Section 143(3)Section 14ASection 23(4)Section 250Section 68

Disallowance u/s 14A Rs. 14,042/- Not applicable Proportionate Interest Disallowance Rs. 38,36,692/- Rs. 44,06,456/- Unexplained Cash Credits (Sec. 68) Rs. 16,50,000/- Rs. 12,50,000/- Disallowance of Cost of Improvement Rs. 29,18,308/- Rs. 51,88,368/- (Capital Gains) Bogus Gift ... erred in confirming the action of assessing officer in making an addition Rs.16,50,000/- u/s 68 of the Act on account of unexplained cash credit. 4. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming

ACIT Central Circle-1(2), Hyderabad vs. Satty and Associates, Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 236/HYD/2022[2016-17]Status: DisposedITAT Hyderabad12 Dec 2024AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.162 & 163/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2015-16 & 2018-19) Satty & Associates Vs. Assistant Commissioner Hyderabad Of Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.236/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2016-17) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) Cross Objection No.13/Hyd/2022 (Arising Out Of Ita No.236/Hyd/2022) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S Rama Rao, Ar (Appeared Through Virtual Mode)& Ms.S.Sandhya, Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 03/12/2024 घोर्णध की तधरीख/Date Of 12/12/2024 Pronouncement:

For Appellant: Shri S Rama Rao, ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 153A

capital introduced by the partners in their individual capacity, but the amount of capital contribution received form its partners cannot be assessed as unexplained cash credit in the hands of the assessee and further unexplained credits, if any needs to be assessed, then the same needs to be assessed ... Following and applying the aforesaid decision of this Court, Patna High Court in Anurag Rice Mills (supra) held that in such circumstances the unexplained cash credits would have to be assessed at the hands of the partners of the firm and not the firm itself. Such amounts could not have

Satty and Associates, Hyderabad vs. ACIT, Central Circle-1(2), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 163/HYD/2022[2018-19]Status: DisposedITAT Hyderabad12 Dec 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.162 & 163/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2015-16 & 2018-19) Satty & Associates Vs. Assistant Commissioner Hyderabad Of Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.236/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2016-17) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) Cross Objection No.13/Hyd/2022 (Arising Out Of Ita No.236/Hyd/2022) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S Rama Rao, Ar (Appeared Through Virtual Mode)& Ms.S.Sandhya, Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 03/12/2024 घोर्णध की तधरीख/Date Of 12/12/2024 Pronouncement:

For Appellant: Shri S Rama Rao, ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 153A

capital introduced by the partners in their individual capacity, but the amount of capital contribution received form its partners cannot be assessed as unexplained cash credit in the hands of the assessee and further unexplained credits, if any needs to be assessed, then the same needs to be assessed ... Following and applying the aforesaid decision of this Court, Patna High Court in Anurag Rice Mills (supra) held that in such circumstances the unexplained cash credits would have to be assessed at the hands of the partners of the firm and not the firm itself. Such amounts could not have

Satty and Associates, Hyderabad vs. Assistant Commissioner of Income Tax, Central Circle-1(2), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 162/HYD/2022[2015-16]Status: DisposedITAT Hyderabad12 Dec 2024AY 2015-16

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.162 & 163/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2015-16 & 2018-19) Satty & Associates Vs. Assistant Commissioner Hyderabad Of Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.236/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2016-17) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) Cross Objection No.13/Hyd/2022 (Arising Out Of Ita No.236/Hyd/2022) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S Rama Rao, Ar (Appeared Through Virtual Mode)& Ms.S.Sandhya, Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 03/12/2024 घोर्णध की तधरीख/Date Of 12/12/2024 Pronouncement:

For Appellant: Shri S Rama Rao, ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 153A

capital introduced by the partners in their individual capacity, but the amount of capital contribution received form its partners cannot be assessed as unexplained cash credit in the hands of the assessee and further unexplained credits, if any needs to be assessed, then the same needs to be assessed ... Following and applying the aforesaid decision of this Court, Patna High Court in Anurag Rice Mills (supra) held that in such circumstances the unexplained cash credits would have to be assessed at the hands of the partners of the firm and not the firm itself. Such amounts could not have

Rajeshbhai Mohanbhai Prajapati, Ahmedabad vs. The Income Tax Officer, Ward-3(3)(5), Ahmedabad

In the result, both appeals of the assessee are partly allowed for statistical purposes, subject to the levy of costs

ITA 1098/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad11 Dec 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1097/Ahd/2024 & 1098/Ahd/2024 िनधा"रण वष" /Assessment Years : 2016-17 & 2017-18 Respectively Rajeshbhai Mohanbhai Prajapati The Ito बनाम/ D-Ff 108 Pushp Business Ward-3(3)(5) V/S. Campus Ahmedabad Vastral Cross Roads Sp Ring Road, Vastral Ahmedabad – 382 445 (Gujarat) "थायी लेखा सं./Pan:Atspp 0059 P अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Jignesh Shah, Adv. Revenue By : Shri V. Nandakumar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 10/12/2024 घोषणा की तारीख /Date Of Pronouncement: 11/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Jignesh Shah, AdvFor Respondent: Shri V. Nandakumar, CIT-DR
Section 115BSection 142(1)Section 144Section 147Section 148Section 250Section 68

Nos.1097 & 1098/Ahd/2024 Rajeshbhai Mohanbhai Prajapati vs. ITO Asst. Years : 2016-17 & 2017-18 68 read with section 115BBE of the Act for alleged unexplained cash credits amounting to Rs.1,07,80,41,291/- (AY 2016-17) and Rs.74,49,42,182/- (AY 2017-18). Facts of the Case ... both years, treating the amounts of Rs.1,07,80,41,291/- (AY 2016-17) and Rs.74,49,42,182/- (AY 2017-18) as unexplained cash credits u/s. 68 of the Act. 3. The assessee filed appeals before the CIT(A), National Faceless Appeal Centre (NFAC), against the reassessment orders. Despite