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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

Neo Structo Construction Pvt. Ltd., Ahmedabad vs. The ACIT, Circle-1(1)(1), Surat Now the ACIT, Circle-3(1)(1), Ahmedabad

In the result the appeal of the assessee is hereby allowed

ITA 351/AHD/2023[2012-13]Status: DisposedITAT Ahmedabad07 May 2024AY 2012-13

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकरअपीलसं./ Ita No. 351/Ahd/2023 धििाधरणवरध/Asstt. Year: 2012-2013 Neo Structo Construction Pvt. Ltd., The Acit, 101-104, Gcp Business Centre, Vs. Circle-1(1)(1), Opp. Memnagar Fire Station, Surat. Vijay Cross Road, Now Ahmedabad. The Acit, Circle-3(1)(1), Ahmedabad. Pan: Aaacn7717N & आयकरअपीलसं./ Ita No. 496/Ahd/2023 धििाधरणवरध/Asstt. Year: 2012-2013 The D.C.I.T, Neo Structo Construction Pvt. Ltd., Circle-3(1)(1), Vs. 101-104, Gcp Business Centre, Ahmedabad. Opp. Memnagar Fire Station, Vijay Cross Road, Ahmedabad.

For Appellant: Shri Dhinal Shah, ARFor Respondent: Shri Sudhendu Das, CIT. DR
Section 143(3)

assessee is that the Ld. CIT(A) erred in confirming the addition of Rs. 1,21,50,000/- made on account of alleged unexplained cash credit. ITA nos.496 & 351/AHD/2023 A.Y. 2012-13 3 2.2 The facts in brief are that the assessee, a private limited company, is engaged ... made by him. 16.1 Regarding the deletion of the addition of ₹ 13,05,35,880.00 and 13,05,35,880 on account of unexplained cash credit under section 68 of the Act and unexplained investment in the land, we note that the persons to whom shares were allotted in lieu

Panjurajan Kavitha, Chettikulam vs. DCIT Non Corp Circle-2 Madurai, Madurai

The appeal stand allowed in terms of our above order

ITA 1412/CHNY/2023[2017-18]Status: DisposedITAT Chennai07 May 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.1412/Chny/2023 (िनधा9रणवष9 / Assessment Year: 2017-18) Smt. Panjurajan Kavitha Dcit, बनाम/ Non-Corporate Circle-2, D.No.1, Railway Feeder Road, Vs. Madurai. Rajapalayam H.O., Chettikulam-626 117. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Akhpk- 8445-J (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri Rajasekaran (Ca)-Ld.Ar " थ"कीओरसे/Respondent By : Shri Ar V Sreenivasan (Addl.Cit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 30-04-2024 घोषणा की तारीख /Date Of Pronouncement : 07-05-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Rajasekaran (CA)-Ld.ARFor Respondent: Shri AR V Sreenivasan (Addl.CIT)-Ld. Sr. DR
Section 143(3)Section 68

void could not be accepted as satisfaction explanation to explain the source of cash deposits. Accordingly, the impugned amount was added as unexplained cash credit u/s 68 of the Act. 3. During appellate proceedings, the assessee, inter-alia, tabulated analysis of sales during various period ... assessee is maintaining regular books of accounts. The Ld. AO has disregarded the explanation furnished by the assessee and added the deposit as unexplained cash credit u/s 68. However, it is quite apparent that the provisions of Sec. 68 could not be invoked in the case of the assessee since

Quest Online, Kolkata vs. ITO, Ward-49(1), Kolkata.

In the result, the appeal of the assessee is allowed

ITA 1046/KOL/2023[2020-21`]Status: DisposedITAT Kolkata03 May 2024

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A. No.1046/Kol/2023 Assessment Year: 2020-21 Quest Online…………………………………...............................……….……Appellant Block-A, 3Rd Floor, Room No.24, 1, Chandni Chowk Street, Princep Street, Kolkata – 700072. [Pan:Aaafq4820G] Vs. Ito, Ward-49(1),Kolkata.............…..….…..….........……........……...…..…..Respondent Appearances By: Shri S. M. Surana, Advocate & Sunil Surana, Ca, Appeared On Behalf Of The Appellant. Shri S. Datta, Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 02, 2024 Date Of Pronouncing The Order : May 03, 2024 Order Per Rajesh Kumar: The Present Appeal Filed By The Assessee For The Assessment Year 2020-21Against The Order Dated 08.09.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Only Issue Raised In The Various Grounds Of Appeals Is Against The Confirmation Of Addition By Cit(A) Of Rs.14,82,41,932/- As Made By The Assessing Officer U/S 68 Of The Act R.W.S. 115Bbe Of The Act. 3. The Facts In Brief Are That The Assessee Filed Return Of Income On 09.01.2021 Declaring Total Income From Business & Profession At Rs.36,73,790/-. The Case Was Selected For Complete Scrutiny Under Cass & Statutory Notices Were Duly Issued & Served Upon The Assessee. During The Assessment Proceedings, The Various Documents & Evidences Were Called For By The Assessing Officer From The Assessee

Section 115BSection 133(6)Section 143(3)Section 250Section 68

remained unexplained and added the same to the income of the assessee under the head ‘income from other sources’ as unexplained cash credit to be taxed as per the provisions u/s 115BBE of the Act and also that the Assessing Officer rejected the claim of expenditure of Rs.13