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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

Sumit Lalchand Pahuja, Kolhapur vs. The Income Tax Officer, Ward1(5), Kolhapur

In the result, the appeal of the assessee stands partly allowed for statistical purposes

ITA 273/PUN/2024[2015-16]Status: DisposedITAT Pune05 Sept 2024AY 2015-16

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.273/Pun/2024 िनधा"रण वष" / Assessment Year: 2015-16 Sumit Lalchand Pahuja, Vs. Ito, Ward-1(5), House No.2719, Gandhinagar, Kolhapur. Tal. Karveer, Dist. Kolhapur- 416119. Pan : Bohpp0806D Appellant Respondent Assessee By : None Revenue By : Shri Sourabh Nayak Date Of Hearing : 27.06.2024 Date Of Pronouncement : 05.09.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.12.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2015-16. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case The Ld. Cit(A) Erred In Law & On Merit In Confirming Additions Of Rs.1,03,90,206/- When The Notice Issued U/S 148 Was Bad In Law. 2. On The Facts & In The Circumstances Of The Case The Ld. Cit(A) Erred In Law & On Merit In Confirming Additions Of Rs.1,03,90,206/- When Notice Issued U/S 148 Was Based On Erroneous Facts & Without Proper Application Of Mind By Assessing Officer As The Assessee Did Not Held Any Account With M/S Renuka Mata Multi State Urban Cooperative Credit Society Ltd.

For Appellant: NoneFor Respondent: Shri Sourabh Nayak
Section 132Section 147Section 148Section 250(6)Section 271(1)(c)Section 69A

circumstances the Ld. CIT(A) erred in law and on merit in confirming additions of Rs.1,03,90,206/- as unexplained cash credit u/s 69A, when assessee did not hold any account alleged society. 4. On the facts and in the circumstances the Ld. CIT(A) erred

Mothukuri Srinivasa Rao, Vijayawada vs. The Asst.Commissioner of Income Tax, Circle-2(1), Vijayawada

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

ITA 298/VIZ/2024[2016-17]Status: DisposedITAT Visakhapatnam05 Sept 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./I.T.A. No. 298/Viz/2024 (निर्धररवरध/ Assessment Year: 2016-17) Mothukuri Srinivasa Rao V. The Asst. Cit - Circle-2(1) D.No.54-28/1-48, Flat.No.305 C R Building, 1St Floor Annex Ridge Grandeuer Apartment M G Road, Krishna District Road.No.2, Commercial Taxes Colony Andhra Pradesh - 520002 Auto Nagar, Krishna District Andhra Pradesh - 520007 [Pan : Adppm5568D ] (अपीलार्/ Appellant) (प्र्/ Respondent) करद्त्क्पनतनिनरध/ Assessee Represented By : M.V. Prasad, Ar : Dr. Aparna Villuri, Sr.Ar र्जसक्पनतनिनरध/ Department Represented By सुिव्ईसम्पहोिेकीनतनि/ Date Of Conclusion Of Hearing : 02.09.2024 घोरर्कीत्रीख/Date Of Pronouncement : 05.09.2024 आदेश/O R D E R Per Shri Duvvuru Rl Reddy: 1. This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), [Hereinafter In Short “Ld.Cit(A)”]

Section 142(1)Section 143(2)Section 143(3)Section 68

circumstances of the case, the Learned CIT(Appeals) is not justified in confirming the addition made of u/s.68 of the I.T. Act towards unexplained cash credit in respect of capital introduction. 3. On the facts and circumstances of the case, the Learned CIT(Appeals) is not justified in confirming ... addition made of Rs.22,20,585/- u/s.68 of the I.T. Act towards unexplained cash credit in respect of capital introduction. 4. On the facts and circumstances of the case, the Learned CIT(Appeals) is not justified in dismissing the appeal without considering the admissibility petition filed under Rule

Alagu Process, Tirupur vs. ITO, Ward 2(1), Tiruppur

In the result the appeal of the assessee is partly allowed

ITA 695/CHNY/2024[2017-18]Status: DisposedITAT Chennai04 Sept 2024AY 2017-18

Bench: Shri Manu Kumar Giri & Shri S.R. Raghunathaआयकर अपील सं./Ita No.695/Chny/2024 िनधा"रण वष" /Assessment Year: 2017-18 Alagu Process, The Income Tax Officer, S.F No.414, Vs. Ward-2(1), Palavanjipalayam Ring Road, Tiruppur. Veerapandi Post, Tirupur – 641 605. [Pan: Aavfa 5147P] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Shri S. Sridhar (Erode), Advocate ""थ" की ओर से /Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/Date Of Hearing : 26.06.2024 घोषणा की तारीख /Date Of : 04.09.2024 Pronouncement आदेश / O R D E R Per S.R. Raghunatha, A.M : This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), (Nfac), Delhi [Hereinafter “Cit(A)”] In Din & Order No. Itba/Nfac/S/250/2023- 24/105992446(1), Dated 19.01.2024. The Assessment Was Framed By The Assessing Officer For The Assessment Year 2017-18 U/S.147 R.W.S

For Appellant: Shri S. Sridhar (Erode), AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 147Section 148Section 44ASection 68Section 69A

assessment year and the books of accounts are not maintained by the assessee, the addition U/s.68 of the Act cannot be made as unexplained cash credit in the books of accounts. Therefore, he prayed for deleting the addition of Rs.13,85,000/- by setting aside the order

Assistant Commissioner of Income Tax, Circle 1, Puducherry vs. Muthu Gold House, Puducherry

In the result, appeal filed by the revenue is dismissed

ITA 593/CHNY/2024[2017-18]Status: DisposedITAT Chennai04 Sept 2024AY 2017-18

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 593/Chny/2024 िनधा"रणवष" / Assessment Year: 2017-18 Muthu Gold House, Assistant Commissioner Of V. 222, Jawaharlal Nehru Street, Income Tax, Puducherry – 605 001. Circle -1, [Pan: Aaafm-8022-M] Puducherry. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. N. Arjunraj, Advocate ""यथ"क"ओरसे/Respondent By : Shri. R. Vikneswaran, Jcit सुनवाई क" तारीख/Date Of Hearing : 05.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 04.09.2024 आदेश /O R D E R

For Appellant: Shri. N. Arjunraj, AdvocateFor Respondent: Shri. R. Vikneswaran, JCIT
Section 143(2)Section 143(3)Section 44ASection 68

Rs.4,68,78,024/- out of the total sales of Rs.5,14,45,463/- from 01.11.2016 to 08.11.2016 and treated the same as unexplained cash credit in the books of account u/s. 68 of the Act. As the sale to the tune of Rs.4,68,78,024/- out of total ... sales of the assessee for the year of Rs.116,17,12,741/- is treated as unexplained cash credit, the :-3-: ITA. No:593/Chny/2024 assessee is eligible for reduction in gross profit declared on such amount and reworked the excess gross profit and the same has been reduced by Rs.32

Babu Umamaheswari, Chennai vs. ITO, Ncw-9(5), Chennai

The appeal stands partly allowed

ITA 1080/CHNY/2024[2017-18]Status: DisposedITAT Chennai04 Sept 2024AY 2017-18

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1080/Chny/2024 (िनधा)रण वष) / Assessment Year: 2017-18) Mrs. Babu Umamaheswari Ito बनाम/ #72, Singanna Chetty Street , Non-Corporate Ward-9(5) Vs. Chintadripet,Chennai-600 002. Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aefpu-6887-A (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Ms. Lekha (Ca)-Ld.Ar " थ"कीओरसे/Respondent By : Ms. R.Anita (Addl.Cit) -Ld.Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 26-08-2024 घोषणाकीतारीख /Date Of Pronouncement : 04-09-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Ms. Lekha (CA)-Ld.ARFor Respondent: Ms. R.Anita (Addl.CIT) -Ld.Sr. DR
Section 143(3)Section 69

this appeal, the assessee is aggrieved by addition of Rs.25.00 Lacs u/s. 69 on account of unexplained cash credits. The Ld. AR placed on record various document to explain the sources of cash deposits. The Ld. Sr. DR has pleaded for confirmation of impugned order. Having heard rival submissions ... work receipts. The assessee could not submit details of cash-in-hand. Under these circumstances, the amount of Rs.25 Lacs was added as unexplained cash credit u/s 69. The Ld. CIT(A) confirmed the same against which the assessee is in further appeal before us. 3. Form the record