← All Phrases

“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

Rajendran, Sathyamangalam vs. ITO, Ward 2(1), Erode

The appeal stand allowed in terms of our above order

ITA 427/CHNY/2024[2017-18]Status: DisposedITAT Chennai24 Jun 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.427/Chny/2024 (िनधा=रणवष= / Assessment Year: 2017-18) Shri Rajendran Ito Ward-2(1) बनाम/ #2/2 Ppm Traders, Erode. Meenakshi Amman Koil West Street Vs. Agraharam, Sathyamangalam-638 401. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Akdpr-8557-H (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri S. Sridhar (Advocate) (Erode) -Ld.Ar " थ"कीओरसे/Respondent By : Shri R. Mukundan (Jcit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 12-06-2024 घोषणा की तारीख /Date Of Pronouncement : 24-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri S. Sridhar (Advocate) (Erode) -Ld.ARFor Respondent: Shri R. Mukundan (JCIT)-Ld. Sr. DR
Section 143(3)Section 44ASection 68

present appeal, the assessee is aggrieved by confirmation of addition of Rs.36.16 Lacs as unexplained cash credit u/s 68 of the Act. 2. The Ld. AR advanced arguments and relied on the documents placed in the paper-book. The Ld. Sr. DR supported the orders of lower authorities. Having heard ... suppliers and therefore the advances had accumulated. However, not satisfied, Ld. AO treated the credit balance of sundry debtors for Rs.36.16 Lacs as unexplained cash credit and added the same to the income of the assessee u/s 68. 4. During appellate proceedings, the assessee inter-alia, submitted that

Kanji Ganesh Patel HUF, Mumbai vs. Income Tax Officer, WD-22(2)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 1186/MUM/2024[2014-15]Status: DisposedITAT Mumbai24 Jun 2024AY 2014-15

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 1186/Mum/2024 (A.Y. 2014-15) Kanji Ganesh Patel Huf Vs. Ito, Ward 22(2)(1) 1905 Building No. 3 Piramal Chamber Raheja Classique Lalbaug, Parel Oshiwara, New Link Road, Mumbai-400 012. Andheri West Mumbai-400 053. Pan : Aaghk3564D (Appellant) (Respondent) Assessee By Shri Prakash G. Jhunjhunwala Department By Shri R.R. Makwana Date Of Hearing 13.06.2024 Date Of Pronouncement 24.06.2024 O R D E R Per Prashant Maharishi 1. This Appeal Is Filed By Kanji Ganesh Patel Huf (Assessee/Appellant) Against Appellate Order Passed By The National Faceless Appeal Centre (Nfac), Delhi (The Learned Cit – A) For Assessment Year 2014 – 15 Dated 16/1/2024 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143 (3) Of The Income Tax Act, 1961 (The Act) By The Deputy Commissioner Of Income Tax 22 (2) (1), Mumbai (The Learned Ao) Was Dismissed. 2. The Assessee Is Aggrieved With The Same & Has Preferred Appeal Raising Solitary Ground About Addition Under Section 68 Of The Income Tax Act Wherein The Exemption Under Section 10 (1) Of Agricultural Income Was Denied To The Assessee Of Rs. 2,748,802/–. 3. The Brief Fact Of The Case Shows That Assessee Is An Huf Filed Its Return Of Income On 31/7/2014 At A Total Income Of Rs. 321,608/- In The Return Of Income Assessee Has Claimed Exemption Under Section 10 Page 1 Of 5

Section 10Section 143Section 68

agricultural income is not proved by the assessee and the income declared by the assessee of Rs. 2,748,802/– is treated as unexplained cash credit under section 68. Accordingly, the assessment order was passed on 26/12/2016 at the total income of Rs. 3,070,410/–. 4. Aggrieved assessee preferred

Mohammed Iqbal Mulla, Mumbai vs. The Income Tax Officer 11(1)(1), Aaykar Bhawan, Mumbai

In the result all the grounds of appeal are allowed with above direction

ITA 4808/MUM/2023[2016-17]Status: DisposedITAT Mumbai24 Jun 2024AY 2016-17

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 4808/Mum/2023 (A.Y. 2016-17) Mohammed Iqbal Mulla Vs. Ito-11(1)(1) 601/701, Atlantis, Seven Aayakar Bhavan Bungalow, Andheri West M.K. Road Maharashtra-400 061. Churchgate Mumbai-400 020. Pan : Aaepm2197E (Appellant) (Respondent) Assessee By Shri Rishab Jain Department By Shri R.R. Makwana Date Of Hearing 04.06.2024 Date Of Pronouncement 24.06.2024 O R D E R 1. This Appeal Is Filed By Mr. Mohammad Iqbal Mulla, ( The Assessee Appellant) Against The Appellate Order Passed By National Faceless Appeal Centre, Delhi (The Learned Cit – A) For Assessment Year 2016 – 17 On 30/10/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143 (3) Of The Income Tax Act, 1961 (The Act) Dated 27/12/2018 Passed By The Income Tax Ofc, Ward – 11 (1) (2), Mumbai (The Learned Ao) Wherein The Total Income Of The Assessee Was Assessed At Rs. 1,655,770/– On Account Of Addition Of Salary Income, Unsecured Loan Under Section 68, Advanced Against Sale Of Agricultural Land Under Section 68 & Agricultural Income , Total Addition Amounting To Rs. 5,401,802/–, Was Dismissed. 2. Therefore, The Assessee Is Aggrieved With The Appellate Order & Has Preferred To Appeal Raising Grounds Against All The Additions Confirmed. 3. Brief Facts Of The Case Show That The Assessee Is An Individual & Director In Cities In World Travels Private Limited & Messes Present Page 1 Of 6

Section 143Section 68

submit anything and therefore the learned assessing officer made the addition of the unsecured loan of Rs. 3,617,990/– as unexplained cash credit under section 68 of the act. 6. Assessee has also received Rs. 423,584/– against the sale of agricultural land assessee was asked to justify