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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

ITO, Ludhiana vs. Arun Gupta, Ludhiana

ITA 112/CHANDI/2025[2021-22]Status: DisposedITAT Chandigarh19 Mar 2026AY 2021-22

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Krinwant Sahay, Am आयकरअपीलसं./ Ita No.112/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2021-22) Ito Arun Gupta बनाम/ Vs. Aayakar Bhawan, Rishi Nagar 1698 – New Shakti Nagar, Ludhiana, Punjab - 141001 Ludhiana, Punjab - 141001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Abkpg-4933-F (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. B.M. Monga & Sh. Rohit Kaura (Advocates) ""थ"कीओरसे/Respondent By : Sh. Manav Bansal (Cit) Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 21-01-2026 घोषणाकीतारीख /Date Of Pronouncement 19-03-2026 : आदेश / O R D E R Krinwant Sahay () This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Cit(A)/Nfac, Delhi, Dated 04.12.2024, Pertaining To The Assessment Year 2021-22. The Revenue Has Challenged The Action Of The Ld. Cit(A) In Setting Aside The Assessment Order To The File Of The Assessing Officer For Fresh Adjudication.

For Appellant: Sh. B.M. Monga & Sh. Rohit Kaura (Advocates)For Respondent: Sh. Manav Bansal (CIT) Ld. DR
Section 143(2)Section 144Section 144BSection 251Section 68Section 69C

Income Tax (Appeals) has failed to appreciate the fact that the addition of Rs. 39,75,425/- made by the AO being unexplained cash credits u/s 68 r.w.s. 115BBE of the Income Tax Act, 1961 on account of 25% of the unverified Sundry Creditors and the assessee had failed ... Income Tax (Appeals) has failed to appreciate the fact that the addition of Rs. 39,43,312/- made by the AO being unexplained cash credits u/s 68 r.w.s. 115BBE of the Income Tax Act, 1961 on account of 25% of the unverified Sundry Debtors and the assessee had failed

Income Tax Officer Ward 6 (1), Mohali vs. Skycity Builders and Promoters Private Limited, Khrar Punjab

In the result, the corresponding grounds as raised by the revenue stand dismissed

ITA 1217/CHANDI/2025[2012-13]Status: DisposedITAT Chandigarh16 Mar 2026AY 2012-13

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं./ Ita No.1066/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2012-13) M/S Skycity Builders & Promoters Pvt. Ltd. Dcit Ward 6(1) बनाम/ Room No.3, 1St Floor Sco-90, City Heart Kharar-Chandigarh Road, Livestock Complex Vs. Kharar, Rupnagar (Punjab) - 140301 Sector – 68, Mohali -160062 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aapcs-2435-R (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकर अपील सं./ Ita No.1217/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2012-13) Dcit Ward 6(1) M/S Skycity Builders & Promoters Pvt. Ltd. बनाम/ Room No.3, 1St Floor Sco-90, City Heart Livestock Complex Kharar-Chandigarh Road, Vs. Sector – 68, Mohali -160062 Kharar, Rupnagar (Punjab) - 140301 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aapcs-2435-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Yamini (Cit) - Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 05.02.2026 घोषणाकीतारीख /Date Of Pronouncement : 16.03.2026

For Appellant: Sh. Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Ms. Yamini (CIT) - Ld. DR (Virtual)
Section 143(3)Section 148Section 68

record cogent / concrete evidences to dislodge the claim of the assessee. Unless this exercise is done by Ld. AO, no such addition of unexplained cash credit could be made in the hands of the assessee. 7. In the light of above settled legal position, we find that the assessee ... addition u/s 68 could not be made on preponderance of probability and there has to be some evidence to establish the fact of unexplained cash credit. No addition could be made merely on the basis of suspicion. Once the assessee has filed all the details, the burden of proving

Skycity Builders and Promoters Private Limited, Kharar, Rupnagar vs. DCIT Ward 6(1), Chandigarh Jao ITO 6(1) Mohali, Chandigarh

In the result, the corresponding grounds as raised by the revenue stand dismissed

ITA 1066/CHANDI/2025[2012-13]Status: DisposedITAT Chandigarh16 Mar 2026AY 2012-13

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं./ Ita No.1066/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2012-13) M/S Skycity Builders & Promoters Pvt. Ltd. Dcit Ward 6(1) बनाम/ Room No.3, 1St Floor Sco-90, City Heart Kharar-Chandigarh Road, Livestock Complex Vs. Kharar, Rupnagar (Punjab) - 140301 Sector – 68, Mohali -160062 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aapcs-2435-R (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकर अपील सं./ Ita No.1217/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2012-13) Dcit Ward 6(1) M/S Skycity Builders & Promoters Pvt. Ltd. बनाम/ Room No.3, 1St Floor Sco-90, City Heart Livestock Complex Kharar-Chandigarh Road, Vs. Sector – 68, Mohali -160062 Kharar, Rupnagar (Punjab) - 140301 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aapcs-2435-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Yamini (Cit) - Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 05.02.2026 घोषणाकीतारीख /Date Of Pronouncement : 16.03.2026

For Appellant: Sh. Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Ms. Yamini (CIT) - Ld. DR (Virtual)
Section 143(3)Section 148Section 68

record cogent / concrete evidences to dislodge the claim of the assessee. Unless this exercise is done by Ld. AO, no such addition of unexplained cash credit could be made in the hands of the assessee. 7. In the light of above settled legal position, we find that the assessee ... addition u/s 68 could not be made on preponderance of probability and there has to be some evidence to establish the fact of unexplained cash credit. No addition could be made merely on the basis of suspicion. Once the assessee has filed all the details, the burden of proving

B.A. International, Meerut vs. DCIT Circle-1(3)(1), Haridwar

In the result, the appeal of the assessee is allowed

ITA 53/DDN/2026[2012-13]Status: DisposedITAT Dehradun13 Mar 2026AY 2012-13

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal[Assessment Year : 2017-18] Sumit Kaur Vs Cit(Appeals)/ Ito C/O-Matta Garg & Co., 13A, Subhash 15, Astley Hall, Dehradun, Road, Dehradun Uttarakhand-248001 Uttarakhand Pan-Dmapk1959K Appellant Respondent Appellant By Shri S.K.Matta, Ca Respondent By Ms. Poonam Sharma, Cit Dr Date Of Hearing 11.03.2026 Date Of Pronouncement 13.03.2026 Order Per Bench: The Present Appeal Is Filed By Assessee Against The Order Dated 23.12.2025 Passed By Ld. Commissioner Of Income Tax (A), Nfac, Delhi [“Ld.Cit(A)”] U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 06.11.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is An Advocate By Profession & Return Of Income Was Filed On 21.08.2017, Declaring Total Income Of Inr 63,20,030/-. The Case Was Selected For Scrutiny & The Assessment Was Completed U/S 143(3) Of The Act Wherein Addition Of Inr 41 Lakhs Was Made By Holding The Investment Made In Fdr As Unexplained & Further Invoked The Provision Of Section 115Bbe Of The Act. 3. In First Appeal, Ld.Cit(A) Enhanced The Income & Confirmed The Addition Of Inr 60 Lakhs U/S 68 Of The Act By Holding That The Cash Deposited During Demonetization Period Is Unexplained & No Addition Is Sustained Towards The Investment In Fdr.

Section 115BSection 143(3)Section 250Section 68

return of income is accepted, the gross receipts declared in cash could not be doubted and the same cannot be treated as unexplained cash credit u/s 68 of the Act. It is further observed that Ld.CIT(A) has enhanced the income of the assessee without giving any show cause notice ... assessee which is not permissible. If the receipts already declared as income is treated as unexplained cash credit u/s 68 of the Act, it tantamount to double addition of an income. 7. In the light of the facts and overall discussion made herein above, addition of INR 60 Lakhs sustained

Sumit Kaur, Dehradun vs. Income Tax Office, Dehradun

In the result, the appeal of the assessee is allowed

ITA 33/DDN/2026[2017-18]Status: DisposedITAT Dehradun13 Mar 2026AY 2017-18

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal[Assessment Year : 2017-18] Sumit Kaur Vs Cit(Appeals)/ Ito C/O-Matta Garg & Co., 13A, Subhash 15, Astley Hall, Dehradun, Road, Dehradun Uttarakhand-248001 Uttarakhand Pan-Dmapk1959K Appellant Respondent Appellant By Shri S.K.Matta, Ca Respondent By Ms. Poonam Sharma, Cit Dr Date Of Hearing 11.03.2026 Date Of Pronouncement 13.03.2026 Order Per Bench: The Present Appeal Is Filed By Assessee Against The Order Dated 23.12.2025 Passed By Ld. Commissioner Of Income Tax (A), Nfac, Delhi [“Ld.Cit(A)”] U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 06.11.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is An Advocate By Profession & Return Of Income Was Filed On 21.08.2017, Declaring Total Income Of Inr 63,20,030/-. The Case Was Selected For Scrutiny & The Assessment Was Completed U/S 143(3) Of The Act Wherein Addition Of Inr 41 Lakhs Was Made By Holding The Investment Made In Fdr As Unexplained & Further Invoked The Provision Of Section 115Bbe Of The Act. 3. In First Appeal, Ld.Cit(A) Enhanced The Income & Confirmed The Addition Of Inr 60 Lakhs U/S 68 Of The Act By Holding That The Cash Deposited During Demonetization Period Is Unexplained & No Addition Is Sustained Towards The Investment In Fdr.

Section 115BSection 143(3)Section 250Section 68

return of income is accepted, the gross receipts declared in cash could not be doubted and the same cannot be treated as unexplained cash credit u/s 68 of the Act. It is further observed that Ld.CIT(A) has enhanced the income of the assessee without giving any show cause notice ... assessee which is not permissible. If the receipts already declared as income is treated as unexplained cash credit u/s 68 of the Act, it tantamount to double addition of an income. 7. In the light of the facts and overall discussion made herein above, addition of INR 60 Lakhs sustained