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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

The ITO, Ward-1(2)(4), Ahmedabad vs. Shri. Sureshchandra Shantilal Brahmbhatt, Ahmedabad

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

ITA 1549/AHD/2019[2016-17]Status: DisposedITAT Ahmedabad03 Apr 2024AY 2016-17

Bench: Shri Ramit Kochar & Ms. Madhumita Royassessment Year: 2016-17 Income Tax Officer, Shri. Sureshchandra Shantilal Ward-1(2)(4), Ahmedabad, Brahmbhatt, Room No. 220, V. 4 Shreenath Bangalow Part-2 2Nd Floor, Aayakar Bhawan, Opp. Matrushree Party Plot, Near Sachin Tower, Vejalpur, Chandkheda, Ahmedabad-380005 Ahmedabad-380051, Gujarat Gujarat Pan:Actpb8904H (Appellant) (Respondent) Assessee By: Sh. Tushar Hemani, Sr. Ar & Sh. Parimalsinh Parmar, Ar Revenue By: Sh. Prasad Rao Waghe Annasaheb, Sr. Dr Date Of Hearing: 25.01.2024 Date Of Pronouncement: 03.04.2024

For Appellant: Sh. Tushar Hemani, Sr. AR & Sh. ParimalsinhFor Respondent: Sh. Prasad Rao Waghe Annasaheb, Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 250Section 68

loans raised during the year by treating the same as not genuine being bogus unsecured loans , and by treating the same as an unexplained cash credit. 3. The assessee filed first appeal with ld. CIT(A) , and the assessee claimed before ld. CIT(A) that the unsecured loan ... paper book by the assessee. The additions have been made by the AO by invoking provisions of Section 68 which deals with unexplained cash credits in the books of the assessee maintained for any previous year , and it will be profitable to reproduce provisions of Section 68 as it stood

Steel House, Chennai vs. ITO, Non-Corporate Ward-19(4), Chennai

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

ITA 1464/CHNY/2023[2017-18]Status: DisposedITAT Chennai03 Apr 2024AY 2017-18

Bench: Shri Manjunatha. G & Shri Manomohan Dasआयकर अपील सं./I.T.A. No.1464/Chny/2023 िनधा"रण वष"/Assessment Year: 2017-18 Steel House, Vs. The Income Tax Officer, No. 11, Gangai Amman Koil Street, Non Corporate Ward 19(4), Kodambakkam, Chennai 600 024. Chennai. [Pan:Aabfs0085L] (अपीलाथ"/Appellant) (""थ"/Respondent/Cross Objector) अपीलाथ" की ओर से / Appellant By : Shri G. Baskar, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 03.04.2024 घोषणा की तारीख /Date Of Pronouncement : 03.04.2024 आदेश /O R D E R Per Manjunatha, G.: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 19.10.2023 Passed In Itba/Nfac/S/250/ 2023-24/1057223180(1) Relevant To The Assessment Year 2017-18. The Assessee Has Raised Following Grounds: 1. The Cit(A) Erred In Disposing Of The Appeal Ex Parte Without Considering The Facts Of The Case & The Submissions Made In The Proper Perspective. 2. Merits

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 115BSection 68Section 69Section 69A

proper perspective. 2. MERITS 2 I.T.A. No.1464/Chny/23 2.1 The CIT(A) erred in confirming the addition of Rs. 49,21,590 as unexplained cash credit u/s. 68 of the Act made by the AO without considering the submissions made by the appellant. 2.2 The CIT(A) has failed to note