← 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

Assistant Commissioner of Income Tax, Central Circle-2(1), Kolkata vs. Pujita Merchandise Private Limited, Kolkata

The appeal of the revenue is dismissed

ITA 1293/KOL/2024[2012-13]Status: DisposedITAT Kolkata07 Nov 2024AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1293/Kol/2024 Assessment Year: 2012-13 Acit, Cc-2(1), Kolkata………………………..………………….…..……Appellant Vs. Pujita Merchandise Pvt. Ltd.…..….........…………..…........……...…..…..Respondent 37E, Block-B, New Alipore, Kolkata – 700053. [Pan: Aadcp7771M] Appearances By: Shri Subhendu Datta, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Ravi Tulsiyan, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 06, 2024 Date Of Pronouncing The Order : November 07, 2024 Order Per Sonjoy Sarma: The Present Appeal Is Filed By The Revenue Against The Order Dated 12.03.2024 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’). 2. At The Outset, We Note That There Is A Delay Of 27 Days In Filing The Present Appeal For Which Application For Condonation Of Delay Is Placed On Record, Wherein, The Reasons For The Delay Have Duly Been Mentioned. Considering The Averments Made In The Application, We Find Sufficient Cause For The Delay. Accordingly, We Condone The Delay & Proceed To Adjudicate Upon The Matter. 3. The Brief Facts Of The Case Are That The Assessee Is A Company & Filed Its Return Of Income For The Assessment Year In Question On 27.09.2012 Reporting A Total Income Of Rs.11,100/-. Thereafter, The Case Of The Assessee Was Selected For Scrutiny Under Cass Followed By Issuance Of Notices U/S 143(2) & 142(1) Of The Act & In Response To

Section 131Section 133(6)Section 143(2)Section 143(3)Section 250Section 68

Assessment Year: 2012-13 Pujita Merchandise Pvt. Ltd was received from M/s Mohan Management Ltd. in the current year could be treated as unexplained cash credit u/s 68 of the Act. Therefore, the ld. CIT(A) deleted the addition of Rs.9,25,00,000/- retaining of Rs.1

Rajendra Khodidas Patel, Ahmedabad vs. The DCIT, Circle-2(1)(1), Ahmedabad

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

ITA 500/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad06 Nov 2024AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 500/Ahd/2024 ("नधा"रण वष" / Assessment Year :2017-18) Rajendrakhodidas Patel Dcit बनाम/ Ambica Bhuvan, Baliya Circle –2(1)(1), Vs. Vas, Amraiwadi Road, Ahmedabad Ahmedabad, Gujarat - 380026 "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaspp5754G (Appellant) (Respondent) .. Shriparin S Shah, A.R. अपीलाथ" ओर से/Appellant By : Shri Rignesh Das, Sr. Dr ""यथ" क" ओर से/Respondentby: Date Of Hearing 24/10/2024 Date Of Pronouncement 06/11/2024 O R D E R Per Shrinarendra Prasad Sinha, Am:

For Appellant: Shri Rignesh Das, Sr. DRFor Respondent: Date of Hearing
Section 115BSection 147Section 148Section 234ASection 271(1)(c)Section 68Section 69C

total income of Rs.1,80,98,547/-. An addition of Rs.1,14,00,000/- was made u/s.68 of the Act in respect of unexplained cash credit pertaining to unsecured loan. Further, the interest of Rs.16,81,482/- in respect of unsecured loan was also disallowed. 4. Aggrieved with the order ... NFAC erred in law and on facts in confirming addition of Rs. 1,14,00,000/- as unexplained cash credit u/s 68 of the Income Tax Act. 5. Ld. NFAC erred in law and on facts in making addition of Rs. 16,81,482/-u/s 69C of the Income

Ganesan Nakkeeran, Chennai vs. ITO, Ncw-14(1), Chennai

The appeal stand allowed for statistical purposes

ITA 2089/CHNY/2024[2010-11]Status: DisposedITAT Chennai06 Nov 2024AY 2010-11

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.2089/Chny/2024 (िनधा(रणवष( / Assessment Year: 2010-11) Shri Ganesan Nakkeeran Ito बनाम/ Old No.3, New No.5, Non-Corporate Ward-14(1) 9Th Cross Street, Shanthi Nagar, Chennai. Vs. Adambakkam, Chennai-600 088. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabpn-6217-D (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri K. Meenakshi Sundaram (Itp)– Ld.Ar " थ"कीओरसे/Respondent By : Shri Ar.V. Sreenivasan(Addl.Cit) -Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 06-11-2024 घोषणाकीतारीख /Date Of Pronouncement : 06-11-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2010-11 Arises Out Of The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 17-06-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S.144 R.W.S 147 Of The Act On 29-12-2018. The Sole Grievance Of The Assessee Is Against Confirmation Of Addition Of Rs.51.20 Lacs As Unexplained Cash Credit U/S.68 Of The Act. The Ld. Ar Has Prayed For Another Opportunity Of Hearing Before Lower Authorities

For Appellant: Shri K. Meenakshi Sundaram (ITP)– Ld.ARFor Respondent: Shri AR.V. Sreenivasan(Addl.CIT) -Ld. Sr. DR
Section 144Section 68

sole grievance of the assessee is against confirmation of addition of Rs.51.20 Lacs as unexplained cash credit u/s.68 of the Act. The Ld. AR has prayed for another opportunity of hearing before lower authorities which has been opposed by Ld. Sr. DR. It could be seen that the assessment