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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

ACIT, Circle-1, Tirunelveli vs. Esakkimuthu Muthuvel Iyappan, Tirunelveli

In the result, appeal filed by the revenue stands dismissed

ITA 794/CHNY/2022[2017-18]Status: DisposedITAT Chennai24 Jul 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.794/Chny/2022 (िनधा"रणवष" / Assessment Year: 2017-2018) The Assistant Commissioner Of Vs. Shri Esakkimuthu Muthuvel Iyappan, Income Tax, No.4, Highways Road, Circle 1, Tisayanvilai, Tirunelveli 627 011. Tirunelveli 627 657. [Pan : Arupm 4796J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. T. Vasudevan, Advocate ""यथ" क" ओर से /Respondent By : Shri Arv Srinivasan, Irs, Addl.Cit सुनवाई क" तार"ख/Date Of Hearing : 19.06.2024 घोषणा क" तार"ख /Date Of Pronouncement : 24.07.2024 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Shri. T. Vasudevan, AdvocateFor Respondent: Shri ARV Srinivasan, IRS, Addl.CIT
Section 142(1)Section 143(2)Section 143(3)Section 68

details. The AO passed assessment order dated 31.12.2019, rejected arguments of the assessee and made an addition of Rs.2,54,20,600/- as unexplained cash credit u/s.68 r.w.s.115BBE of the Act towards cash deposit of SBN in bank account after demonetisation, i.e; after 08.11.2016. The relevant findings ... cash deposit of Rs. 32,38,400/- is reduced. The difference of this Rs. 2,54,20,600/- is assessed as unexplained cash credits u/s. 68 r.w.s. 115BBE and added to the retuned income. 3. Being aggrieved by the assessment order, the assessee preferred an appeal before the Ld.CIT

Prithvi Landcraft Private Limited, Noida vs. ACIT Circle 2(2)(1), Ghaziabad

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

ITA 1959/DEL/2023[2017-18]Status: DisposedITAT Delhi23 Jul 2024AY 2017-18

Bench: Shri Shamim Yahya & Shri Vimal Kumarprithvi Landcraft Private Limited, Vs. Acit, 4Th Floor, Avenue Apartment, Circle 2(2)(1), Village Barola, Sector 49, Ghaziabad. Noida – 201 301 (Uttar Pradesh). (Pan : Aagcp4666C) (Appellant) (Respondent) Assessee By : None Revenue By : Shri P.N. Barnwal, Cit Dr Date Of Hearing : 23.07.2024 Date Of Order : 23.07.2024 Order Per Shamim Yahyathis Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 19.12.2022 For The Assessment Year 2017-18. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “Dismissal Of The Grounds Of Appeal By The Hon’Ble Commissioner Of Income Tax (Appeals) Against The Order Passed U/S 144 Of The Income Tax Act, 1961 Of The Assessing Officer Due To Non- Compliance On The Part Of The Appellant Is Contrary To Facts & Law & Therefore, The Appeal Is Liable To Be Restored To The Assessing Officer Or To The Hon’Ble Commissioner Of Income Tax (Appeals) For Re-Assessment Or Decision On Merits Of The Issues On Which Additions Have Been Made.”

For Appellant: NoneFor Respondent: Shri P.N. Barnwal, CIT DR
Section 144Section 68

Assessing Officer in an ex-parte order made an addition Rs.4,92,65,000/- under section68 of the Income-tax Act, 1961 as unexplained cash credit. 4. Upon assessee’s appeal, ld. CIT (A) also confirmed the order of the AO by passing an ex-parte order. 5. Against this

Shri. Lakshmi Pattina Sahakara Sangha Niyamitha, Harihar vs. Income Tax Officer, Ward-1, Davangere

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

ITA 721/BANG/2024[2017-18]Status: DisposedITAT Bangalore22 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeyshri Lakshmi Pattina Sahakara The Income Tax Officer Sangha Niyamitha Ward 1 Near Renuka Mandira Temple Vs. Devangere. Harihar – 577 601. Pan – Aapas0548F (Appellant) (Respondent) Assessee By: Sri.Sandeep Chalapathy, Ca Revenue By: Shri Ganesh R. Gale, Standing Counsel Date Of Hearing: 13.06.2024 Date Of Pronouncement: 22.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Vide Din & Order No. Itba/ Nfac/S/ 250/2022-23/ 1044443368(1) Dated 03.08.2022 Of The National Faceless Appeal Centre, Delhi (Cit(A)) Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-2018. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. That The Order Of The Commissioner Of Income Tax (Appeals) In So Far It Is Prejudicial To The Interests Of The Appellant Is Bad & Erroneous In Law & Against The Facts & Circumstances Of The Case. 2. That The Commissioner Of Income Tax (Appeals) Erred In Law & On Facts In Deciding The Appeal Ex-Parte Without Providing A 2 Shri Lakshmi Pattina Sahakara Sangh Proper Opportunity Of Being Heard By Sending The Appeal Hearing Communication Manually As Part Of Principles Of Natural Justice. 3. That The Commissioner Of Income Tax (Appeals) Ought To Have Considered The Fact That The Entire Appeal Faceless Scheme Is Newly Introduced & Not All The Assessees Are Well Aware Of It & Can Acknowledge The Hearing Notices Sent Through Emails.

For Appellant: Sri.Sandeep Chalapathy, CAFor Respondent: Shri Ganesh R. Gale, Standing Counsel
Section 115BSection 250Section 68

That the learned Commissioner of Income Tax (Appeals) erred in law and on facts in adding a sum of Rs.5,01,500/- as unexplained cash credits u/s 68 of the Act even though the source of such cash was explained with supporting evidences. 5. That the learned Commissioner of Income