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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

Megapix Vanijya Pvt. Ltd., Kolkata vs. I.T.O., Ward - 9(1), Kolkata

The appeal of the assessee is allowed

ITA 1151/KOL/2024[2012-2013]Status: DisposedITAT Kolkata18 Nov 2024AY 2012-2013

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. No.1151/Kol/2024 Assessment Year: 2012-13 Megapix Vanijya Pvt. Ltd……………………………………………..…..……Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aahcm6624J] Vs. Ito, Ward-9(1), Kolkata............…....….…..….........……........……...…..…..Respondent Appearances By: Shri Siddharth Agarwal, 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 : August 27, 2024 Date Of Pronouncing The Order : November 18, 2024 Order Per Sonjoy Sarma: The Present Appeal Is Filed By The Assessee Against The Order Dated 13.05.2024 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’) For Assessment Year 2012-13. 2. The Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income On 26.09.2012 By Declaring A Total Loss Of Rs.4,540/-. The Case Of The Assessee Was Selected For Scrutiny Due To Large Share Premium Received By The Assessee During The Relevant Financial Year. Consequently, The Assessing Officer Issued Notices U/S 142(1) & 142(2) Of The Act Requesting For Furnishing Requisite Information. In Response To The Notices, The Ld. Ar Of The Assessee Appeared Before The Assessing Officer & Provided Primary Details Including An Explanation That The Assessee Company Was Engaged In The Business Of Share Trading. Upon

Section 131Section 142(1)Section 143(3)Section 250Section 68

genuineness of the transactions were not satisfactorily demonstrated, the Assessing Officer was justified in adding the share capital received and treating the unexplained cash credit u/s 68 of the Act. The ld. DR argued that the case laws cited by the ld. AR were factually distinct rendering them inapplicable ... facts and submissions and judicial precedents, we hold that the addition made by the Assessing Officer of Rs.2,62,00,000/- as unexplained cash credit u/s 68 of the Act is unsustainable since the assessee has sufficiently established the identity, creditworthiness and genuineness of the transaction relating to the share

Karan Singh, Unnao vs. ITO-2(4), Unnao

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

ITA 494/LKW/2024[2017-18]Status: DisposedITAT Lucknow14 Nov 2024AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Karan Singh V. Ito-2(4) 496, Hiran Nagar Unnao _ New Unnao, Uttar Pradesh Tan/Pan:Aqwpls6478L (Appellant) (Respondent) Appellant By: Shri Vinay Kumar Tiwari, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 08 10 2024 Date Of Pronouncement: 14 11 2024 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 18.09.2020, Passed By The Ld. Commissioner Of Income Tax (Appeal)-01, Lucknow (Ld. Cit(A) For Assessment Year 2017-18. 2. The Brief Facts Of The Case Are That The Assessee Had E- Filed His Return Of Income For The Year Under Consideration, Declaring A Total Income Of Rs.4,47,580/-. Subsequently, The Case Was Selected For Scrutiny Under Cass For The Reason That The Assessee Had Deposited Rs.10,00,000/- In Old Sbns (Specified Bank Notes) On 15.11.2016 In His Bank Account No.010010100010068 With Aryavart Bank. Accordingly, The Ao Issued Notice Under Section 142(1) Of The Income Tax Act, 1961 (Hereinafter Called “The Act’), Along With A Questionnaire.

For Appellant: Shri Vinay Kumar Tiwari, AdvocateFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 133(6)Section 142(1)Section 144Section 271ASection 69A

assessee at Rs.14,47,580/-, treating the amount of Rs.10,00,000/- deposited by the assessee during the demonetization period as unexplained cash credit and added the same under section 69A of the Act. 3. The AO also initiated penalty proceedings under section 271AAC of the Act. 4. Aggrieved

Alok Maheshchandra Agrawal, Jalgaon vs. DCIT - 1, Jalgaon

In the result, appeal of the assessee is allowed

ITA 1736/PUN/2024[2016-2017]Status: DisposedITAT Pune14 Nov 2024AY 2016-2017

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1736/Pun/2024 िनधा"रण वष" / Assessment Year: 2016-17 Alok Maheshchandra V The Dcit-1, Agarwal, S Jalgaon. Alok Agro Product 137, Bhawani Peth, Jalgaon – 425001. Pan: Afypa7187D Appellant/ Assessee Respondent / Revenue Assessee By Shri Dinar Daptary – Ca & Shri Sidhesh Mayekar – Ar Revenue By Dr. Shashank Ojha – Dr Date Of Hearing 11/11/2024 Date Of Pronouncement 14/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For A.Y.2016- 17 Dated 18.06.2024 Passed U/Sec.250 Of The Income Tax Act, 1961. In This Case, Assessment Order Has Been Passed U/Sec.143(3) R.W.S 263 Of The Act, On 30.03.2022. The Assessee Has Raised The Following Grounds Of Appeal : “1 On Facts & In Circumstances Of The Case & In Law, The Learned The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre [Hereinafter Referred To As Learned Cit(A) Erred In Passing The Order U/S. 250 Of The Income-Tax Act, 1961 (The Act) Without Appreciating The Provisions Of Law, Statutory Schemes, Facts, Submissions, Documents & Case Laws. The Appellant Prays That The Entire Assessment Be Treated As Bad In Law.

Section 143(3)Section 250Section 2nSection 68

that the entire assessment be treated as bad in law. 2. Addition on account of closing Cash Balance of Rs.32,13,324 as Unexplained Cash Credit 2.1 The learned CIT(A) erred in law in upholding the invoking of provisions of Sec.68 ofthe Act for making addition on account ... deleted in toto. 2.2 The learned CIT(A) erred in upholding the addition on account of closing cash balance as unexplained cash credit u/s. 68 of the Act by ignoring the explanation and documentary evidence furnished In the Appellant. The Appellant prays that the addition made