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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

Asrafkhan Kalndrkhan Pathan, Ahmedabad vs. The ACIT, Circle-1(3), Ahmedabad

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

ITA 1042/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad16 Oct 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1042/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Asrafkhan Kalndrkhan Pathan The Acit बनाम Sardar Apartment Circle-1(3), / Kanch Ni Masjid Ahmedabad V/S. Jamalpur Ahmedabad – 380 001 (Gujarat) "थायी लेखा सं./Pan: Agcpp 7537 R अपीलाथ&/ (Appellant) '( यथ&/ (Respondent) Assessee By : Shri B.R. Popat, Ar Revenue By : Shri Prateek Sharma, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 10/10/2024 घोषणा की तारीख /Date Of Pronouncement: 16/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri B.R. Popat, ARFor Respondent: Shri Prateek Sharma, Sr.DR
Section 142(1)Section 143(2)Section 143(3)Section 68Section 69

made the following additions in the assessment order passed u/s 143(3) of the Act on 21/12/2019. Rs.17,97,500/- was added as unexplained cash credits under section 68, representing cash deposits made during the demonetization period. Rs.11,74,780/- was disallowed as unexplained agricultural income under section ... facts in confirming the addition of Rs.17,97,500/- made by the AO, which was done by treating certain bank deposits as unexplained cash credits, thus chargeable to tax under section 68 of the Act. 2. The learned CIT(A) erred in law and on facts in confirming the addition

Goodview Marketing Pvt. Ltd., Kolkata vs. ITO, Ward - 6(2), Kolkata

ITA 986/KOL/2024[2008-2009]Status: DisposedITAT Kolkata16 Oct 2024AY 2008-2009

Bench: Shri Rajpal Yadav & Dr. Manish Boradi.T.A. No.986/Kol/2024 Assessment Year: 2008-09 Goodview Marketing Pvt. Ltd. ………. Appellant 255, Canal Street, Shree Bhumi, Brijdham Housing Complex, Kolkata-700048. (Pan: Aadcg0582H) Vs. Income Tax Officer ………… Respondent Ward-6(2), Kolkata. Appearances By: Shri S. K. Tulsiyan, Advocate & Ms. Puja Somani, Ar Appeared For Appellant Shri Subhendu Datta, Cit, Dr Appeared For Respondent Date Of Concluding The Hearing : 23.09.2024 Date Of Pronouncing The Order : 16.10.2024 Order Per Dr. Manish Borad: The Appeal Filed At The Instance Of The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2008-09 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax, (Appeals), National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 15.03.2024 Arising Out Of The Assessment Order Framed U/S. 144/263 Of The Act By Ito, Ward-6(2), Kolkata Dated 19.03.2014. 2. Grounds Of Appeal Raised By The Assessee Are Reproduced As Under:

Section 133(6)Section 143(1)Section 144Section 147Section 148Section 250Section 263Section 68

course of assessment, erred in treating the amount of share capital received during the year amounting to Rs.7,97,00,000/- as unexplained cash credit under section 68 of the Act and the Ld. CIT(A) erred in upholding the same. 5. That on the facts

Gulamnabi Nuramahmadbhai Momin, Plot vs. ITO Ward 3(2)(2), Pratayashkar Bhavan

In the result, the appeal of the assessee is treated as is allowed for statistical purposes

ITA 1059/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad15 Oct 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1059/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Gulamnabi Nuramahmadbhai The Income Tax Officer बनाम/ Momin Ward-3(2)(2) V/S. 524A, Opp. Adarsh Hospital Ahmedabad Nr. Telav Shela Cross Road At Telav, Sanand 382 110 (Gujarat) "थायी लेखा सं./Pan: Apepm 7307 M अपीलाथ&/ (Appellant) '( यथ&/ (Respondent) Assessee By : Shri P.D. Shah, Ar Revenue By : Shri Prateek Sharma, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 10/10/2024 घोषणा की तारीख /Date Of Pronouncement: 15/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: The Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Nfac) [Hereinafter Referred To As “Cit(A)”] Dated 29.12.2023, For The Assessment Year (Ay) 2017-18. The Primary Grievance Of The Assessee Pertains To The Addition Of Rs.40,00,000/- Under Section 68 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] Made By The Assessing Officer As Per His Order Dated 09/12/2019 Passed Under Section 143(3) Of The Act. Gulamnabi Nuramahmadbhai Momin Asst. Year : 2017-18

For Appellant: Shri P.D. Shah, ARFor Respondent: Shri Prateek Sharma, Sr.DR
Section 115BSection 142(1)Section 143(3)Section 271ASection 68

establish the genuineness of the gift and the father’s capacity to make such a large gift. The amount was treated as unexplained cash credit under section 68 of the Act. The AO also requested evidence of the assessee’s personal savings, but no such evidence was furnished ... Rs.2,15,35,127/- (rounded off to Rs.2,15,35,130/-), after making the additions of Rs.40,00,000/- as unexplained cash credit and Rs.1,74,09,917/- as unexplained income. The AO initiated penalty proceedings under section 271AAC of the Act in respect of the unexplained income added under