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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

Ishoo Narang, Hyderabad vs. DCIT Circle -2(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 450/HYD/2022[2014-15]Status: DisposedITAT Hyderabad25 Sept 2024AY 2014-15

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.450/Hyd/2022 & S.A. No.1/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2014-15) Ishoo Narang Vs. Dy. Cit Hyderabad Circle 2(1) Pan:Aaupn9082B Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Smt. Th Vijaya Lakshmi, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 19/08/2024 घोषणा की तारीख/Pronouncement: 25/09/2024 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 15/07/2022 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2014-15. 2. The Assessee Has Raised The Following Grounds: “1. The Ld. Cit(A) Erred In Dismissing The Appeal. 2. The Ld.Cit(A) Erred In Holding That Al The Mandatory Preconditions Before Reopening Of Assessment U/S 147 Of The Act Were Duly Complied & Met With By The A.O.

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Smt. TH Vijaya Lakshmi, CIT (DR)
Section 10(38)Section 133ASection 147Section 68

made addition towards entire sale consideration received from sale of shares of the above 2 companies amounting to Rs.6,45,76,466/- as unexplained cash credit of the assessee u/s 68 of the I.T. Act, 1961. The relevant findings of the Assessing Officer are as under: “11. In view

Aditya Mundada, Warangal vs. Income Tax Officer, Ward-5, Warangal

In the result, the appeal of the assessee is allowed

ITA 631/HYD/2018[2014-15]Status: DisposedITAT Hyderabad25 Sept 2024AY 2014-15

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha G.आ.अपी.सं / Ita No.631/Hyd/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Shri Aditya Mundada, The Income Tax Officer, Warangal. Vs. Ward – 5, Pan : Bdspm1712R. Warangal. अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent आ.अपी.सं / Ita No.2243/Hyd/2018 (निर्धारण वर्ा / Assessment Year: 2015-16) Purushotham Mundada The Assistant Commissioner (Huf), Vs. Of Income Tax, Warangal. Circle – 1, Pan : Aahhpoo47D. Hyderabad. अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent

For Appellant: Shri P. Murali Mohan Rao, C.AFor Respondent: Shri Srinath Sadanala, Sr. AR
Section 10(38)Section 68

claimed by assessee as long term capital gain and claimed the same as exempt u/s 10(38) of the Act, assessed as unexplained cash credit u/s 68 of the Act. For this, assessee has raised various grounds numbering 1 to 15, which are exhaustive, argumentative and even reference to case ... Assessing Officer treated the entire sale consideration received by the assessee for sale of shares of M/s. Kailash Auto Finance Limited as unexplained cash credit u/s 68 of the Act and taxed the entire sale consideration amounting to Rs.1,52,21,982/-. 5. Aggrieved, assessee preferred appeal before the ld.CIT

Purushotham Mundada, Warangal vs. Asst. Commissioner of Income Tax, Circle-1, Hyderabad

In the result, the appeal of the assessee is allowed

ITA 2243/HYD/2018[2015-16]Status: DisposedITAT Hyderabad25 Sept 2024AY 2015-16

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha G.आ.अपी.सं / Ita No.631/Hyd/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Shri Aditya Mundada, The Income Tax Officer, Warangal. Vs. Ward – 5, Pan : Bdspm1712R. Warangal. अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent आ.अपी.सं / Ita No.2243/Hyd/2018 (निर्धारण वर्ा / Assessment Year: 2015-16) Purushotham Mundada The Assistant Commissioner (Huf), Vs. Of Income Tax, Warangal. Circle – 1, Pan : Aahhpoo47D. Hyderabad. अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent

For Appellant: Shri P. Murali Mohan Rao, C.AFor Respondent: Shri Srinath Sadanala, Sr. AR
Section 10(38)Section 68

claimed by assessee as long term capital gain and claimed the same as exempt u/s 10(38) of the Act, assessed as unexplained cash credit u/s 68 of the Act. For this, assessee has raised various grounds numbering 1 to 15, which are exhaustive, argumentative and even reference to case ... Assessing Officer treated the entire sale consideration received by the assessee for sale of shares of M/s. Kailash Auto Finance Limited as unexplained cash credit u/s 68 of the Act and taxed the entire sale consideration amounting to Rs.1,52,21,982/-. 5. Aggrieved, assessee preferred appeal before the ld.CIT