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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

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 1097/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad11 Dec 2024AY 2016-17

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

Nishat Husseianli Vazir, Pune vs. ITO, Ward-7(1), Pune

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

ITA 604/PUN/2024[2012-13]Status: HeardITAT Pune10 Dec 2024AY 2012-13

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.604/Pun/2024 िनधा"रण वष" / Assessment Year: 2012-13 Nishat Husseianli Vazir, Vs. Ito, Ward-7(1), Pune. 7 M.G. Road, 36, Wonderland Camp, Pune- 411001. Pan : Adapv3432C Appellant Respondent Assessee By Shri Kishor B. Phadke : Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 14.11.2024 Date Of Pronouncement : 10.12.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.07.2023 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2012-13. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Cit(A), Nfac Erred In Law & On Facts In Confirming The Total Income Of The Appellant At Rs. 2,06,83,929/- Instead Of Return Income Of Rs. 5,08,729/-. 2. The Appellant Contends That Unfortunately, The Appellant Failed To Check The Itba Portal & Learn About The Opportunities Of Hearing /Making Submission Before It Authorities & Neither Got Any Email Communication From The Office Of Learned Cit(A). Further, The Appellant Contends That Appellant Is Certainly Keen To Pursue The Matter On Merits & Facts.

For Respondent: Shri Ramnath P. Murkunde
Section 143(2)Section 68Section 69

learned CIT(A), NFAC erred in law and on facts in confirming the addition of Rs. 60,00,000/- made u/s 68 as unexplained cash credit on account of the sale of immovable property. 5. The learned CIT(A), NFAC erred in law and on facts in confirming the addition ... made u/s 68 of Rs. 21,75,200/- by treating the cash deposits in the savings bank account as unexplained cash credit. 6. The appellant craves leave to add / alter / clarify / explain / modify/ enhance / delete any or all of the grounds of appeal, and to seek any just and fair

Amjay Medimax India Pvt. Ltd., Ahmedabad vs. The Dy.CIT, Circle-1(1)(1), Ahmedabad

In the result, the appeal of the assessee is allowed for statistical purposes, subject to the levy of costs as specified above

ITA 731/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad09 Dec 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.731/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Amjay Medimax India The Dy.Cit बनाम/ Pvt.Ltd. Circle-1(1)(1) V/S. 4Th Floor, Medi Max House Ahmedabad - 380 015 Opp.Karnavati Hospital Ellisbridge Ahmedabad – 380 006 "थायी लेखा सं./Pan: Aabca 8241 R (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Aseem Thakkar, Ar Revenue By : Shri V. Nandakumar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 03/12/2024 घोषणा की तारीख /Date Of Pronouncement: 09/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 23/02/2024, 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 Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (A.Y.) 2017-18. The Impugned Order Of The Cit(A) Arose Out Of The Assessment Order Passed By The Assessing Amjay Medimax India Pvt.Ltd. Vs. Dcit Asst. Year : 2017-18

For Appellant: Shri Aseem Thakkar, ARFor Respondent: Shri V. Nandakumar, CIT-DR
Section 115JSection 143(2)Section 143(3)Section 14ASection 250Section 37(1)Section 68

total income at Rs.7,92,42,171/-. The AO made the following additions and disallowances: • Addition under section 68 of the Act (unexplained cash credits): Rs.2,34,90,000/-. • Disallowance under section 14A r.w. Rule 8D: Rs.25,41,178/-. Short-term capital loss treated as a colourable device: Rs.33 ... Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi has erred in confirming the addition of Rs.2,34,90,000/- as alleged unexplained cash credits u/s.68 of the I. T. Act, 1961 treating the unsecured loans received by the appellant from 1. Tulsi Trimpex P. Ltd. Rs.64 Lakh, 2. Neuromed

Dawoodi Bohra Jamat Godhra, Godhra vs. The Income Tax Officer, Ward-Exemption, Vadodara

In the result, the appeal of the assessee is allowed

ITA 1567/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad09 Dec 2024AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1567/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Dawoodi Bohra Jamat Godhra The Income Tax Officer बनाम/ Dawoodi Bohra Masjid Ward Exemption V/S. Vohrawad, Godhra Vadodara Godhra – 389 001 (Gujarat) "थायी लेखा सं./Pan: Aaatd 4476 D (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Ms. Urvashi Sodhan, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05/12/2024 घोषणा की तारीख /Date Of Pronouncement: 09/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Ms. Urvashi Sodhan, ARFor Respondent: Shri b.P. Srivastava, Sr.DR
Section 11Section 115BSection 143(1)Section 147Section 148Section 250Section 271ASection 68

rejected the explanation provided by the assessee regarding the source of Rs.14,53,000/- deposited in the bank account and treated it as unexplained cash credit under Section 68. Being not satisfied with the order of AO, the assessee filed an appeal before the CIT(A) who upheld the reopening ... case in confirming the order of the Ld. AO of making addition of Rs.14,53,000/- on erroneous plea that it is an unexplained cash credit U/s 68 of the Act. 3. Both the lower authorities have erred in law and on facts of the appellant's case in holding