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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

Assistant Commissioner of Income Tax Corporate Circle 1(1), Chennai vs. Folium Trading Private Limited, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 1271/CHNY/2024[2017-18]Status: DisposedITAT Chennai25 Oct 2024AY 2017-18

Bench: Shri Mahavir Singhand Shri Jagadishआयकर अपील सं./Ita No.: 1271/Chny/2024 िनधा"रण वष"/Assessment Year:2017-18 The Assistant Commissioner Folium Trading Pvt. Ltd., Of Income Tax, Vs. Old No.42, 43, 44, Corporate Circle 1(1), New Door No.73, Chennai. Shop No.G8, Arcot Road, Kodambakkam, Chennai – 600 024. Pan: Aaccf 4425B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. R. Anita, Addl.Cit ""यथ" क" ओर से/Respondent By : Shri D. Anand, Advocate सुनवाई क" तारीख/Date Of Hearing : 17.10.2024 घोषणा क" तारीख/Date Of Pronouncement : 25.10.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi In Order No. Itba/Nfac/S/250/2023- 24/1060106027 (1) Dated 25.01.2024. The Assessment Was Framed By The Assistant Commissioner Of Income Tax, Corporate Circle 2(1), Chennai For The Assessment Year 2017-18 U/S.143(3)Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 19.12.2019. 2. At The Outset, It Is Noticed That This Appeal Is Barred By Limitation By 28 Days & Revenue Has Filed Affidavit. The Facts Are That The Order Of Cit(A) Dated 25.01.2024 Was Received In The Office Of Pcit On 02.02.2024 & The Due Date Of Filing Of Appeal Before

For Appellant: Ms. R. Anita, Addl.CITFor Respondent: Shri D. Anand, Advocate
Section 115BSection 143(2)Section 143(3)Section 68

against the order of CIT(A) deleting the addition made by AO being cash deposited during the year of Rs.3.05 crores as unexplained cash credit and added u/s.68 of the Act and also taxed under the provisions of section 115BBE of the Act. The Revenue has raised the following grounds ... amount of Rs.19,920/- is allowed as explained cash. Accordingly, the cash deposits of Rs. 3,05,00,000/- is treated as unexplained cash credit and added as income of the assessee u/s 68. It is to be noted that the unexplained cash credit

Ambaji Avenues Private Limited, Mumbai vs. Income Tax Officer, Ward-9(1)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 3922/MUM/2024[2012-13]Status: DisposedITAT Mumbai25 Oct 2024AY 2012-13

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailassessment Year: 2012-13 Ambaji Avenues Private Limited Income Tax Officer- 9(1)(2), Mumbai A-109, Akshay Mittal Indl. Premises, M.V. Road, Sanjay Vs. Building No. 5, Andheri (W), Mumbai-400059. Pan: Aajca 8264 G (Appellant) (Respondent) Present For: Assessee By : Shri Ramesh Kumar Malpani Revenue By : Shri Manoj Kumar Sinha, Sr. Dr Date Of Hearing : 09.09.2024 Date Of Pronouncement : 25.10.2024 O R D E R Per Amarjit Singh: This Appeal Of The Assessee For The Assessment Year 2012-13 Is Directed Against The Order Dated 19.06.2024 Passed By The Ld. Commissioner Of Income-Tax (Appeal), Nfac, Delhi. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Ramesh Kumar MalpaniFor Respondent: Shri Manoj Kumar Sinha, Sr. DR
Section 143(3)Section 147Section 148Section 68

respect of incorporation of appellant company and credited to his account on first day of incorporation, by wrongly assuming the same as unexplained cash credit u/s 68 of the Act. 3 Ambaji Avenues Private Limited A.Y. 2012-13 7. Appellant craves leave to add, alter, delete or modify any ground ... finalized on 27.11.2018 assessing the total income at Rs. 25,00,000/- after making an addition on account of unexplained cash credit u/s 68 of the Act. Subsequently, the case was reopened again on 22.03.2019 by issuing of notice u/s 148 of the Act on the basis of information received

Shantiji Piraji Suthar, Banaskantha vs. The ITO, Ward-4, Palanpur

ITA 789/AHD/2024[2010-11]Status: DisposedITAT Ahmedabad24 Oct 2024AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.787/Ahd/2024, 788/Ahd/2024 & 789/Ahd/2024 िनधा"रण वष" /Assessment Year : 2010-11 Shantiji Piraji Suthar The Ito बनाम/ Sherpura, Ward-4 V/S. Tal.Deesa Palanpur – 385 001 Banaskantha – 385 535 (Gujarat) "थायी लेखा सं./Pan: Bwops 8650 P अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) ….. Assessee By : Shri Anil Brahmakshatriya, Ar Revenue By : Shri V.K. Mangla, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 17/10/2024 घोषणा की तारीख /Date Of Pronouncement: 24/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Anil Brahmakshatriya, ARFor Respondent: Shri V.K. Mangla, Sr.DR
Section 10(1)Section 144Section 147Section 271(1)(c)Section 271FSection 68

passed an ex-parte order under section 144 read with section 147 of the Act, making an addition of the entire amount as unexplained cash credits under section 68 of the Act. 3. The assessee filed an appeal before the CIT(A) after a delay of more than two years ... been levied for concealment of income, which is directly linked to the addition made under section 68 as unexplained cash credits. Since we are remanding the matter back to the CIT(A) to decide the merits of the addition, the penalty under section 271(1)(c) of the Act will

Shantiji Piraji Suthar, Banaskantha vs. The ITO, Ward-4, Palanpur

ITA 788/AHD/2024[2010-11]Status: DisposedITAT Ahmedabad24 Oct 2024AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.787/Ahd/2024, 788/Ahd/2024 & 789/Ahd/2024 िनधा"रण वष" /Assessment Year : 2010-11 Shantiji Piraji Suthar The Ito बनाम/ Sherpura, Ward-4 V/S. Tal.Deesa Palanpur – 385 001 Banaskantha – 385 535 (Gujarat) "थायी लेखा सं./Pan: Bwops 8650 P अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) ….. Assessee By : Shri Anil Brahmakshatriya, Ar Revenue By : Shri V.K. Mangla, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 17/10/2024 घोषणा की तारीख /Date Of Pronouncement: 24/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Anil Brahmakshatriya, ARFor Respondent: Shri V.K. Mangla, Sr.DR
Section 10(1)Section 144Section 147Section 271(1)(c)Section 271FSection 68

passed an ex-parte order under section 144 read with section 147 of the Act, making an addition of the entire amount as unexplained cash credits under section 68 of the Act. 3. The assessee filed an appeal before the CIT(A) after a delay of more than two years ... been levied for concealment of income, which is directly linked to the addition made under section 68 as unexplained cash credits. Since we are remanding the matter back to the CIT(A) to decide the merits of the addition, the penalty under section 271(1)(c) of the Act will

Shantiji Piraji Suthar, Banaskantha vs. The ITO, Ward-4, Palanpur

ITA 787/AHD/2024[2010-11]Status: DisposedITAT Ahmedabad24 Oct 2024AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.787/Ahd/2024, 788/Ahd/2024 & 789/Ahd/2024 िनधा"रण वष" /Assessment Year : 2010-11 Shantiji Piraji Suthar The Ito बनाम/ Sherpura, Ward-4 V/S. Tal.Deesa Palanpur – 385 001 Banaskantha – 385 535 (Gujarat) "थायी लेखा सं./Pan: Bwops 8650 P अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) ….. Assessee By : Shri Anil Brahmakshatriya, Ar Revenue By : Shri V.K. Mangla, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 17/10/2024 घोषणा की तारीख /Date Of Pronouncement: 24/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Anil Brahmakshatriya, ARFor Respondent: Shri V.K. Mangla, Sr.DR
Section 10(1)Section 144Section 147Section 271(1)(c)Section 271FSection 68

passed an ex-parte order under section 144 read with section 147 of the Act, making an addition of the entire amount as unexplained cash credits under section 68 of the Act. 3. The assessee filed an appeal before the CIT(A) after a delay of more than two years ... been levied for concealment of income, which is directly linked to the addition made under section 68 as unexplained cash credits. Since we are remanding the matter back to the CIT(A) to decide the merits of the addition, the penalty under section 271(1)(c) of the Act will