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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

Karunamoorthi Kavitha, Dharmapuri vs. DCIT, Central Circle, Salem

In the result, appeal filed by the assessee is allowed

ITA 1732/CHNY/2024[2018-19]Status: DisposedITAT Chennai05 Dec 2024AY 2018-19

Bench: Shri George George K, Hon’Ble & Shri S.R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 1732/Chny/2024 िनधा"रण वष" / Assessment Year: 2018-19 Karunamoorthi Kavitha, Assistant Commissioner Of No.10A, Vijaya Hospital, V. Income Tax, Pennagaram Main Road, Opp Central Circle, Madheswara Theatre, Salem – 636 007. Dharmapuri – 636 701. [Pan: Amfpk-6223-L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. N. Arjun Raj, Advocate : Shri. Shiva Srinivas, Addl. Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 19.11.2024 घोषणा क" तारीख/Date Of Pronouncement : 05.12.2024

For Appellant: Shri. N. Arjun Raj, Advocate
Section 133ASection 143(3)Section 234ASection 68

Rs.10,00,000/- respectively has not been supported by proper evidences of the source and made an addition of Rs.35,00,000/- as unexplained cash credits u/s 68 of the Act. Aggrieved by the order of the Assessing Officer, the assessee preferred an appeal before the ld.CIT(A)-20, Chennai ... received from Smt. Vijayakumari (PAN No. AABPV-9356-M) and Rs.10,00,000/- from Shri. K. Vijay (PAN No. ADDPV-2204-K) as unexplained cash credits in the books and made an addition u/s. 68 r.w.s. 115BBE of the Act. During the assessment proceedings, the assessee explained that her mother

DCIT, Central Circle-01, New Delhi vs. Manuvel Mezhukanal, New Delhi

ITA 1550/DEL/2022[2017-18]Status: DisposedITAT Delhi05 Dec 2024AY 2017-18

Bench: Shri Anubhav Sharma & Shri Brajesh Kumar Singhassessment Year: 2017-18 Dcit, Vs Manuvel Mezhukanal, Central Circle-01, 209-10, Mohan Singh Place, New Delhi. Ina Market, New Delhi. Pan: Ablpv5671Q (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate & Shri Parth Singhal, Advocate Revenue By : Shri Krishna K. Ramawat, Sr. Dr Date Of Hearing : 19.11.2024 Date Of Pronouncement : 05.12.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 31.01.2022 Of The Commissioner Of Income Tax (Appeals)-30, New Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.10504/2019-20 Arising Out Of The Appeal Before It Against The Order Dated 27.12.2019 Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Acit, Circle 53(1), Delhi, (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Gautam Jain, Advocate &For Respondent: Shri Krishna K. Ramawat, Sr. DR
Section 143(3)Section 271DSection 68

circumstances of the case, Ld. CIT(A) has erred in deleting addition of Rs.3,10,47,499/- made by AO on account of unexplained cash credit u/s 68 r.w.s 115BBE of the Income Tax Act, 1961. 3. That on the facts and circumstances of the case ... present assessee as in that case, the revenue had not disputed the disclosed cash sale and added the sale proceeds as unexplained cash credit besides taxing the cash sales recorded, whereas in this case the AO has not accepted the transaction of cash sale and has in fact not taxed

Guru Krishnanand Charitable Trust, Coimbatore vs. DCIT, Central Circle-1, Coimbatore

In the result, the appeals filed by the assesses in ITA Nos

ITA 129/CHNY/2024[2013-14]Status: DisposedITAT Chennai04 Dec 2024AY 2013-14

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita Nos.127, 128 & 129/Chny/2024 (िनधा"रणवष" / Assessment Years: 2011-12, 2012-13 & 2013-2014) Guru Krishnanand Charitable Trust, Vs. The Deputy Commissioner Of 157, P.M. Swamy Colony, Income Tax, 5Th Street, Central Circle 1, Coimbatore 641 002. Coimbatore [Pan: Aaatg 4923A] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. N. Arjun Raj, Advocate ""यथ" क" ओर से /Respondent By : Ms. R. Anita, Irs, Addl. Cit.

For Appellant: Shri. N. Arjun Raj, AdvocateFor Respondent: Ms. R. Anita, IRS, Addl. CIT
Section 12ASection 132Section 142(1)Section 144Section 148Section 271F

seized material and materials available on record, assessing the income at Rs.1,28,48,725/- as a result of the following additions: i Unexplained Cash credits in the Bank accounts Rs.72,63,100/- ii Transfer of money from trust account to personal Rs.23,35,625/- accounts iii Unexplained investment Rs.32 ... order, the assessee preferred an appeal before the ld. CIT(A). 4. The first issue raised by the assessee is with regard to Unexplained Cash credits in the Bank accounts. The ld. CIT(A) noted that the assessee has not explained sources for amount deposited in bank account

Guru Krishnanand Charitable, Coimbatore vs. DCIT, Central Circle-1 Cbe, Coimbatore

In the result, the appeals filed by the assesses in ITA Nos

ITA 128/CHNY/2024[2012-13]Status: DisposedITAT Chennai04 Dec 2024AY 2012-13

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita Nos.127, 128 & 129/Chny/2024 (िनधा"रणवष" / Assessment Years: 2011-12, 2012-13 & 2013-2014) Guru Krishnanand Charitable Trust, Vs. The Deputy Commissioner Of 157, P.M. Swamy Colony, Income Tax, 5Th Street, Central Circle 1, Coimbatore 641 002. Coimbatore [Pan: Aaatg 4923A] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. N. Arjun Raj, Advocate ""यथ" क" ओर से /Respondent By : Ms. R. Anita, Irs, Addl. Cit.

For Appellant: Shri. N. Arjun Raj, AdvocateFor Respondent: Ms. R. Anita, IRS, Addl. CIT
Section 12ASection 132Section 142(1)Section 144Section 148Section 271F

seized material and materials available on record, assessing the income at Rs.1,28,48,725/- as a result of the following additions: i Unexplained Cash credits in the Bank accounts Rs.72,63,100/- ii Transfer of money from trust account to personal Rs.23,35,625/- accounts iii Unexplained investment Rs.32 ... order, the assessee preferred an appeal before the ld. CIT(A). 4. The first issue raised by the assessee is with regard to Unexplained Cash credits in the Bank accounts. The ld. CIT(A) noted that the assessee has not explained sources for amount deposited in bank account

Guru Krishnanand Charitable Trust, Coimbatore vs. DCIT, Central Circle-1, Coimbatore

In the result, the appeals filed by the assesses in ITA Nos

ITA 127/CHNY/2024[2011-12]Status: DisposedITAT Chennai04 Dec 2024AY 2011-12

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita Nos.127, 128 & 129/Chny/2024 (िनधा"रणवष" / Assessment Years: 2011-12, 2012-13 & 2013-2014) Guru Krishnanand Charitable Trust, Vs. The Deputy Commissioner Of 157, P.M. Swamy Colony, Income Tax, 5Th Street, Central Circle 1, Coimbatore 641 002. Coimbatore [Pan: Aaatg 4923A] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. N. Arjun Raj, Advocate ""यथ" क" ओर से /Respondent By : Ms. R. Anita, Irs, Addl. Cit.

For Appellant: Shri. N. Arjun Raj, AdvocateFor Respondent: Ms. R. Anita, IRS, Addl. CIT
Section 12ASection 132Section 142(1)Section 144Section 148Section 271F

seized material and materials available on record, assessing the income at Rs.1,28,48,725/- as a result of the following additions: i Unexplained Cash credits in the Bank accounts Rs.72,63,100/- ii Transfer of money from trust account to personal Rs.23,35,625/- accounts iii Unexplained investment Rs.32 ... order, the assessee preferred an appeal before the ld. CIT(A). 4. The first issue raised by the assessee is with regard to Unexplained Cash credits in the Bank accounts. The ld. CIT(A) noted that the assessee has not explained sources for amount deposited in bank account