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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

M/S. Tropex Suppliers Pvt. Ltd. (Successor to Ultra Marketing Pvt. Ltd.), Kolkata vs. I.T.O., Ward - 6(4), Kolkata

In the result, both the appeals are allowed for statistical purposes

ITA 1815/KOL/2024[2012-2013]Status: DisposedITAT Kolkata30 Oct 2024AY 2012-2013

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. Nos.1371&1815/Kol/2024 Assessment Year: 2012-13 M/S Tropex Suppliers Pvt. Ltd. (Successor To Ujjawal Mercantile Pvt. Ltd.).............................……….……Appellant 113, Netaji Subhash Road, Kolkata -1. [Pan:Aabct1459N] Vs. Ito, Ward-6(4), Kolkata............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri S. Dutta, Cit-Dr & Pradip Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 28, 2024 Date Of Pronouncing The Order : October 30, 2024 Order Per Sonjoy Sarma: Both The Captioned Appeals Are Filed By The Assessee Against The Order Dated 15.03.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Arising Out Of The Assessment Order 23.03.2015 & Another Order Dated 26.12.2023 Of The Cit(A) Arising Out Of The Penalty Order Dated 28.09.2015 Against The Assessee. The Assessment Was Framed U/S 143(3) Of The Income Tax Act [Hereinafter Referred To As The ‘Act’] Dated 23.03.2015 & The Penalty Proceedings Were Initiated U/S 271(1)(C) Of The Act Dated 28.09.2015, Which Is Arising Out Of The Same Assessment Order Dated 23.03.2015. 2. At The Outset, The Ld. Ar Stated At The Bench That Since The Issues Involved In Both The Appeals Are Arising Out Of The Same Assessment Order & Relating To The Same Assessee, Therefore, They May Be Heard Together & Decided On Merits Of The Case. The Ld. Ar Has Further Stated That Ita No.1371/Kol/2024 Is Delayed By 404 Days & Ita

Section 131Section 143(3)Section 271(1)(c)

authorities. As a result, the assessment was framed by treating the share capital and share premium amounting to Rs.2,07,47,000/- as unexplained cash credit under the provisions of the Act. Additionally, penalty proceedings u/s 271(1)(c) of the Act were initiated for concealment of the income

M/S. Tropex Suppliers Pvt. Ltd. (Successor to Ujjawal Mercantile Pvt. Ltd.), Kolkata vs. I.T.O., Ward - 6(4), Kolkata

In the result, both the appeals are allowed for statistical purposes

ITA 1371/KOL/2024[2012-2013]Status: DisposedITAT Kolkata30 Oct 2024AY 2012-2013

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. Nos.1371&1815/Kol/2024 Assessment Year: 2012-13 M/S Tropex Suppliers Pvt. Ltd. (Successor To Ujjawal Mercantile Pvt. Ltd.).............................……….……Appellant 113, Netaji Subhash Road, Kolkata -1. [Pan:Aabct1459N] Vs. Ito, Ward-6(4), Kolkata............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri S. Dutta, Cit-Dr & Pradip Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 28, 2024 Date Of Pronouncing The Order : October 30, 2024 Order Per Sonjoy Sarma: Both The Captioned Appeals Are Filed By The Assessee Against The Order Dated 15.03.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Arising Out Of The Assessment Order 23.03.2015 & Another Order Dated 26.12.2023 Of The Cit(A) Arising Out Of The Penalty Order Dated 28.09.2015 Against The Assessee. The Assessment Was Framed U/S 143(3) Of The Income Tax Act [Hereinafter Referred To As The ‘Act’] Dated 23.03.2015 & The Penalty Proceedings Were Initiated U/S 271(1)(C) Of The Act Dated 28.09.2015, Which Is Arising Out Of The Same Assessment Order Dated 23.03.2015. 2. At The Outset, The Ld. Ar Stated At The Bench That Since The Issues Involved In Both The Appeals Are Arising Out Of The Same Assessment Order & Relating To The Same Assessee, Therefore, They May Be Heard Together & Decided On Merits Of The Case. The Ld. Ar Has Further Stated That Ita No.1371/Kol/2024 Is Delayed By 404 Days & Ita

Section 131Section 143(3)Section 271(1)(c)

authorities. As a result, the assessment was framed by treating the share capital and share premium amounting to Rs.2,07,47,000/- as unexplained cash credit under the provisions of the Act. Additionally, penalty proceedings u/s 271(1)(c) of the Act were initiated for concealment of the income

Subhash Kumar Kedia, Hyderabad vs. Asst. Commissioner of Income Tax Central Circle-3(1), Hyderabad

In the result, appeal filed by the assessee in ITA

ITA 707/HYD/2020[2015-16]Status: DisposedITAT Hyderabad29 Oct 2024AY 2015-16

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.707/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Shri Subhash Kumar Kedia Vs. Asstt. C. I. T. Hyderabad Central Circle 3(1) Pan:Afvpk8915Q Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No. 405/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Vs. Shri Bikash Kumar Asstt. C. I. T. Kedia Hyderabad Central Circle 3(1) Pan:Afapk8794E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Vamshi Krishna, Dr सुनवाई की तारीख/Date Of Hearing: 09/10/2024 घोषणा की तारीख/Pronouncement: 29/10/2024 आदेश/Order Per Manjunatha, G. A.M These Two Appeals Filed By Different Assessees Are Directed Against The Separate, But Identical Orders Dated 31/01/2020 Of The Learned Cit (A)-11, Hyderabad Relating To Page 1 Of 33

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Vamshi Krishna, DR
Section 143(3)Section 153ASection 68

assessee to explain as to why the consideration received for transfer of shares of Surabhi Chemicals & Investments Ltd (SCIL) cannot be treated as unexplained cash credit u/s 68 of the I.T. Act, 1961. In the said show cause notice, the Assessing Officer has discussed the modes operandi of entry providers ... upon the assessee to explain as to why Long-Term Capital Gain declared from sale of shares of SCIL cannot be treated as unexplained cash credit. 5. In response, the assessee submitted that, he has purchased 50,000 shares of SCIL for a consideration of Rs.7

Bikash Kumar Kedia, Hyderabad vs. Asst. Commissioner of Income Tax, Central Circle-3(1), Hyderabad

In the result, appeal filed by the assessee in ITA

ITA 405/HYD/2020[2015-16]Status: DisposedITAT Hyderabad29 Oct 2024AY 2015-16

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.707/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Shri Subhash Kumar Kedia Vs. Asstt. C. I. T. Hyderabad Central Circle 3(1) Pan:Afvpk8915Q Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No. 405/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Vs. Shri Bikash Kumar Asstt. C. I. T. Kedia Hyderabad Central Circle 3(1) Pan:Afapk8794E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Vamshi Krishna, Dr सुनवाई की तारीख/Date Of Hearing: 09/10/2024 घोषणा की तारीख/Pronouncement: 29/10/2024 आदेश/Order Per Manjunatha, G. A.M These Two Appeals Filed By Different Assessees Are Directed Against The Separate, But Identical Orders Dated 31/01/2020 Of The Learned Cit (A)-11, Hyderabad Relating To Page 1 Of 33

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Vamshi Krishna, DR
Section 143(3)Section 153ASection 68

assessee to explain as to why the consideration received for transfer of shares of Surabhi Chemicals & Investments Ltd (SCIL) cannot be treated as unexplained cash credit u/s 68 of the I.T. Act, 1961. In the said show cause notice, the Assessing Officer has discussed the modes operandi of entry providers ... upon the assessee to explain as to why Long-Term Capital Gain declared from sale of shares of SCIL cannot be treated as unexplained cash credit. 5. In response, the assessee submitted that, he has purchased 50,000 shares of SCIL for a consideration of Rs.7