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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

Krishan Gas Agency, Bangalore vs. Assisstant Commissioner of Income Tax, Circle-3 (2)(1), Bangalore

In the result, the appeal filed by assessee stands allowed for 11

ITA 540/BANG/2024[2017-18]Status: DisposedITAT Bangalore12 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeykrishan Gas Agency Acit, Circle - 3(2)(1) No. B-6, Gda Shopping Complex Bmtc Building, 80 Feet Road Mrcr Layout, Vijaya Nagar Vs. 6Th Block, Koramangala Bangalore 560040 Bengaluru 560095 Pan – Aaffk4416P (Appellant) (Respondent) Assessee By: Smt. Suman Lunkar, Ca Revenue By: Shri V. Parithivel, Jcit Date Of Hearing: 07.05.2024 Date Of Pronouncement: 12.06.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi (‘Learned Cit(A)’) Dated 29.01.2024 Vide Din & Order No. Itba/Nfac/S/250/2023-24/1060208638 (1) Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Learned Commissioner Of Income-Tax (Appeals) Has Erred In Partially Confirming The Order Passed By The Assessing Officer. The Appellate Order As Passed To The Extent Confirming He Assessment Order Is Bad In Law & Are Required To Be Quashed. 2. Without Prejudice, The Learned Cit(A) Has Erred In Partially Confirming The Addition Made By The Assessing Officer To The Extent

For Appellant: Smt. Suman Lunkar, CAFor Respondent: Shri V. Parithivel, JCIT
Section 115BSection 143(3)Section 234BSection 250Section 68

extent 2 Krishan Gas Agency of Rs. 1,53,50,711/-being cash deposited into bank account during demonetisation period as unexplained cash credit u/s 68 of the Act. On proper appreciation of facts and law applicable, the provisions of section 68 of the Act are not applicable ... fact of the case and in any case the entire cash deposits in bank being duly sourced and explained and there being no unexplained cash credit at all, the addition as confirmed being erroneous is to be deleted. 3. The authorities below have erred in not appreciating the fact that

Sunil Landmark LLP, Pune vs. ACIT, Circle-2, Pune

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

ITA 662/PUN/2024[2017-18]Status: DisposedITAT Pune11 Jun 2024AY 2017-18

Bench: Shri Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.662/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Sunil Landmark Llp, Vs. Acit, Circle-2, Pune. 562/9, Opp. Savarkar Bhavan, Shivajinagar, Pune- 411005. Pan : Aczfs2579P Appellant Respondent Assessee By : Shri Suhas Bora Revenue By : Shri Sourabh Nayak Date Of Hearing : 31.05.2024 Date Of Pronouncement : 11.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.02.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Cit(A) Has Erred In Confirming The Addition Made By The Ao Without Considering Detailed Submissions Made By The Appellant In Respect Of Ground No.L To 5 & Deciding The Case In Summary Manner Without Any Speaking Order On The Legal Issues Raised Which Goes To Root Of The Assessment Proceedings By Deciding Ground No. 1 & 4 As General Grounds. 2. The Learned Cit(A) Has Failed To Appreciate That The Assessment Order Passed By The Ao Is Bad In Law As Same Has Been Passed Without Considering The Submission Made By The Appellant Firm Within Appointed Date To The Show-Cause Notice Issued By The Ao

For Appellant: Shri Suhas BoraFor Respondent: Shri Sourabh Nayak
Section 142(1)Section 143(2)Section 68

proceeded to compute the total income at Rs.4,55,74,150/- by making addition of Rs.3,14,62,928/- on account of unexplained cash credits u/s 68 of the IT Act. The Assessing Officer further made addition of Rs.10,00,000/- on account of unverifiable expenses. 4. Being aggrieved with