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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

Mrs. Nisha Ashish Gupta, Mumbai vs. ITO-31(2) (4), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1519/MUM/2021[2014-15]Status: DisposedITAT Mumbai23 Jan 2024AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1519/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2014-15) Mrs. Nisha Ashish Gupta बिधम/ Ito-31(2)(4) 1501, Anmol Enclave, Opp Pratyakshakar Bhavan, C- Vs. Patel Auto, Goregaon West, 13, Bandra Kurla Mumbai-400062. Complex, Bandra (East), Mumbai-400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adlpg0969J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vishnu Agarwal/Shri Amit Agarwal Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 21/12/2023 घोषणा की तारीख /Date Of Pronouncement: 23/01/2024 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 18.08.2021 For The Assessment Year 2014-15. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao Disallowing The Long Term Capital Gain (Ltcg) Claimed By The Assessee In Respect Of Sale Of Shares M/S. Sunrise Asian Limited (Hereafter “M/S. Sunrise”) Of Rs.98,81,550/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”). & Thus Denying Deduction U/S 10(38) Of The Act As Well As Upholding Addition Of Rs.1,97,631/- As Commission For Arranging The Bogus Ltcg (2% Of Commission) U/S 69C Of The Act.

For Appellant: Shri Vishnu Agarwal/Shri AmitFor Respondent: Shri Ashok Kumar Ambastha (Sr
Section 10(38)Section 132(4)Section 147Section 68Section 69C

bogus long term capital gain entries. The ld. AO by making these observations proceeded to treat the sale proceeds of the shares as unexplained cash credit u/s 68 of the Act. Since the receipt of sale proceeds was treated as bogus, the ld. AO also proceeded to add estimated commission

Bhavin Gunvantbhai Sagar, Ahmedabad vs. Dy.CIT., Circle-2(2)(1), Ahmedabad

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 634/AHD/2023[2017-18]Status: HeardITAT Ahmedabad22 Jan 2024AY 2017-18

Bench: Shri Ramit Kochar & Ms. Suchitra Kambleassessment Year : 2017-18 Bhavin Gunvantbhai Sagar The Dy. Commissioner Of Income- 501, Madhuram Apartment V. Tax, Nr. Sant Kabir School Circle-2(2)(1) Ahmedabad – 380013 Ahmedabad-380015 Gujarat Gujarat Pan: Ammps 1447 D अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" य "" यथ" "" य "" य थ" थ"/ (Respondent) थ" Assessee By : Shri Aseem L. Thakkar, Ca Revenue By : Shri Atul Pandey, Sr.D.R. सुनवाई क" तारीख/Date Of Hearing : 18/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 18/01/2024 आदेश/O R D E R आदेश आदेश आदेश Per Coram This Appeal Filed By The Assessee Is Directed Against The Appellate Order Dated 21/06/2023 Passed By Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [“Cit(A)” In Short] Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called “The Act”) For Assessment Year 2017-18 (Din & Order No.Itba/Nfac/S/250/2023- 24/1053833888(1)), The Appellate Proceedings Have Arisen Before Ld.Cit(A) From Assessment Order Dated 26/12/2019 Passed By Ld. Assessing Officer (Hereinafter Called “The Ao") U/S.143(3) Of The 1961 Act (Din & Order No. Itba/Ast/S/143(3)/2019-20/1023131866(1)). Bhavin Gunvantbhai Sagar V. Dcit Ay 2017-18 2

For Appellant: Shri Aseem L. Thakkar, CAFor Respondent: Shri Atul Pandey, Sr.D.R
Section 143(3)Section 250Section 68

Income-tax Act, 1961, wherein an addition of Rs.36,60,000/- was made by the AO on account of ‘unexplained cash credits ‘ u/s. 68 of the Income Tax Act, 1961. There was a cash deposits in the bank account by the assesse during demonetization period, and the explanation submitted ... merits of the case. In the instant case the AO has rightly assessed an income of Rs.74,15,420/- under the head "unexplained cash credit u/s 68 of the I.T.Act, 1961" amounting to Rs.36,60,000/-. Since the appellant failed to substantiate appellant's claim and addition made

DCIT, CC-5(1), Mumbai vs. Hetal N. Shah (Leagal Heir of the Assessee Shri Nitin Rajmal Shah), Mumbai

In the result, we admit the appeal of the AO as it has been replaced by bringing the legal heir of deceased assessee on record but dismissed the appeal on the merits of the addition

ITA 1080/MUM/2023[2012-13]Status: DisposedITAT Mumbai22 Jan 2024AY 2012-13

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Hetal Nitin Shah Dcit Legal Heir Of Nitin Rajmal Central Circle 5(1) Room No.1928, 19 Th Floor, Shah Air India Building, 301, Chandramani, Vs. Nariman Point, Hanuman Road, Mumbai-400 021 Vile Parle(E), Mumbai-400 057 (Appellant) (Respondent) Pan No. Aadps5476M Assessee By : Shri Jaiprakash Bairagra, Ar Revenue By : Shri Ashok Kumar Ambastha, Dr Date Of Hearing: 16.11.2023 Date Of Pronouncement : 22.01.2024

For Appellant: Shri Jaiprakash Bairagra, ARFor Respondent: Shri Ashok Kumar Ambastha
Section 131Section 132Section 133ASection 143Section 143(3)Section 68

capacity, credit worthiness of the loan givers and genuineness of the said loans and therefore the A.O. rightly treated the same as unexplained cash credit u/s.68 of the Act. ii. The appellant craves to leave, to add, to amend and / or to alter any of the ground of appeal ... have given bogus loan entries. 05. The notice was issued to the assessee with respect to the above loans to be treated as unexplained cash credit under Section 68 of the Income-tax Act, 1961 (the Act). 06. Assessee submitted that it has taken loan from both the parties