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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

Presidency Finance Limited, Chennai vs. DCIT, Corporate Circle-5(2), Chennai

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

ITA 1477/CHNY/2023[2017-18]Status: DisposedITAT Chennai27 Mar 2024AY 2017-18

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.1477/Chny/2023 िनधा"रण वष"/Assessment Year: 2017-18 Presidency Finance Limited, Vs. The Deputy Commissioner Of 24/12, 3Rd Floor, Raghaviah Road, Income Tax, T. Nagar, Chennai 600 017. Corporate Circle 5(2), [Pan:Aaccp4841R] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, F.C.A ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 25.03.2024 घोषणा की तारीख /Date Of Pronouncement : 27.03.2024 आदेश /O R D E R Per V. Durga Rao: 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 17.10.2023 Relevant To The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2017-18 On 11.10.2017 Admitting A Total Income Of ₹.80,45,362/- Under Normal Provisions & Book Profit Of ₹.44,41,615/-. The Case Was Selected For Scrutiny Through Cass & 2

For Appellant: Shri Y. Sridhar, F.C.A ""For Respondent: Shri D. Hema Bhupal, JCIT
Section 142(1)Section 143(2)Section 68

details/evidences to whom the shares have been issued and the mode of receipt of the amount, the Assessing Officer treated the same as unexplained cash credits in the books of the assessee under section 68 of the Act and brought to tax. 3. Further, the assessee has claimed total expenses ... details as to whom the shares have been issued and mode of receipt for the amount, the Assessing Officer treated the same as unexplained cash credits in the books of the assessee under section 68 of the Act, which was confirmed by the ld. CIT(A) as no details were

Fahimuddin Inamdar, Nagpur vs. Income Tax Officer, Ward 4(2), Nagpur

The appeal of the assessee is allowed for statistical purposes

ITA 241/NAG/2023[2015-16]Status: DisposedITAT Nagpur22 Mar 2024AY 2015-16

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 241/Nag/2023 निर्धारण वषा / Assessment Year : 2015-16 Fahimuddin Inamdar 340, Opp. Qidwai Ground, Lashkaribaug, Nagpur-440017 Pan: Aaypi7048E . . . . . . . अपीलार्थी / Appellant बिधम / V/S Income Tax Officer Ward-4(2), Nagpur. . . . . . . . प्रत्यर्थी / Respondent द्वधरध / Appearances Assessee By : Mr R V Loya [‘Ld. Ar’] Revenue By : Mr Abhay Marathe [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 22/03/2024 घोषणा की तारीख / Date Of Pronouncement : 22/03/2024 आदेश/ Order Per G. D. Padmahshali, Am; By This Appeal The Assessee Impugns The Din & Order No. Itba/Nfac/S/250/2023-24/1053135085(1) Dt. 24/05/2023 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] By The National Faceless Appellate Centre [‘Nfac’ Hereinafter] For Assessment Year 2015-16 [‘Ay’ Hereinafter].

For Appellant: Mr R V Loya [‘Ld. AR’]For Respondent: Mr Abhay Marathe [‘Ld. DR’]
Section 143(3)Section 246A(1)(a)Section 250Section 250(4)Section 68

Income Tax officer Ward-4(2) framed the assessment u/s 143(3) of the Act by bringing to tax entire cash deposit as unexplained cash credit u/s 68 of the Act. 2.2 Aggrieved assessee carried the matter in appeal before first appellate authority u/s 246A ... cogent evidence in support of his claim and effectively explain nature & source of cash deposit the Ld. AO added entire cash deposit as unexplained cash credit u/s 68 of the Act. Whereas, in an appeal, the Ld. NFAC confirmed former addition ex-parte for non-prosecution of appeal

Ajay Shankarlal Bankda, Mumbai vs. DCIT, Circle 16(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2484/MUM/2023[2014-15]Status: DisposedITAT Mumbai22 Mar 2024AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.2484/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Ajay Shankarlal Bankda बिधम/ Dcit, Circle-16(2) B Wing 4301, Db Woods, Aayakar Bhavan, Vs. Gokuldham, Goregaon East, Maharshi Karve Marg Mumbai-400063. Road, New Marine Lines, Churchagate, Mumbai- 400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adhpb2851J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Anuj Kisnadwala Revenue By: Shri Anil Sant (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 08/03/2024 घोषणा की तारीख /Date Of Pronouncement: 22/03/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 21.06.2023 For The Assessment Year 2014-15. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Addition Of Rs.88,06,950/- Made By The Ao U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri Anil Sant (Sr. DR)
Section 10(38)Section 131Section 143(1)Section 147Section 148Section 68

deposited in respondent’s bank account. In view thereof, the CIT[A] found there was no reason to add the capital gains as unexplained cash credit under Section 68 of the Act. The tribunal while dismissing the appeals filed by the Revenue also observed on facts that these shares were ... Ajay Shankarlal Bankda 17. Apart from the above, the Revenue has also relied upon several judgments rendered in the context of unexplained cash credit u/s 68 of the Act by the judicial forums. Having perused those judgments, it is noted that, the question as to whether the assessee had satisfied