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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

Royal Fortune Business Consultants India Pvt. Ltd., Kolkata vs. ITO, Kolkata

In the result, the appeal of the assessee stands dismissed

ITA 959/KOL/2023[2012-13]Status: DisposedITAT Kolkata09 Jan 2024AY 2012-13

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.959/Kol/2023 Assessment Year: 2012-13 Royal Fortune Business Consultants India Pvt. Ltd. ........................……Appellant Flat No.2C, S.P. Block, 1St Floor, Raja Subodh Chandra Mullick Road, Kolkata- 700092. [Pan: Aadcr9408F] Vs. Ito, Ward-10(4), Kolkata......................…................…........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri B. K. Singh, Jcit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 04, 2024 Date Of Pronouncing The Order : January 09, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 27.07.2023 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. No One Has Put In Appearance On The Behalf Of The Assessee Despite Notice. However, On Earlier Date Also I.E. 08.11.2023, The Notice Was Issued To The Assessee But No One Has Put In Appearance & The Case Was Adjourned For Today. It Seems That The Assessee Is Not Interested In Pursuing Its Appeal, Therefore, We Proceed To Adjudicate This Appeal After Hearing The Ld. Dr & After Going Through The Records.

Section 147Section 151Section 250

erred in confirming the action of the Ld. AO erred in assessing the entire share capital of Rs. 4.90 Crore as unexplained cash credit. 7. For that the appellant craves leave to add, alter or delete all or any of the grounds of appeal.” 3. The assessee in this appeal ... addition of Rs.4,90,00,000/- on account of share capital received by the assessee treated by the Income Tax authorities as unexplained cash credits. 4. A perusal of the above grounds of appeal would reveal that the assessee mainly has raised the issue regarding the validity of the reopening

Dy. Commissioner of Income Tax, Circle-16(2), Hyderabad vs. Ms Agarwal Foundries Private Limited, Hyderabad

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

ITA 1063/HYD/2017[2012-13]Status: DisposedITAT Hyderabad05 Jan 2024AY 2012-13

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarassessment Year: 2012-13 Dy.Cit Vs. M/S. M.S Agarwal Circle 16(2) Foundries (P) Ltd, Hyderabad Hyderabad Pan:Aaics4832K (Appellant) (Respondent) Revenue By: Shri K. Madhusudan, Cit(Dr) Assessee By: Shri Sunil Kumar Jain, Ca Date Of Hearing: 04/01/2024 Date Of Pronouncement: 05/01/2024 Order Per Laliet Kumar, J.M This Appeal Filed By The Revenue Is Directed Against The Order Dated 23.03.2017 Of The Learned Cit (A)-4, Hyderabad Relating To A.Y.2012-13. 2. Facts Of The Case, In Brief, Are That The Assessee Company Is Engaged In Manufacture Of Sponge Iron. It Filed Its Return Of Income For The A.Y 2012-13 Admitting Income Of Rs.5,730/- & Also Revised Return Of Income Admitting Income Of Rs.9,760/-. Subsequently, The Case Was Converted Into Scrutiny Under Cass & Statutory Notices U/S 143(2) & 142(1) Of The I.T. Act, 1961 Were Issued & Served On The Assessee To Which Page 1 Of 10

For Appellant: Shri Sunil Kumar Jain, CAFor Respondent: Shri K. Madhusudan, CIT(DR)
Section 143(2)

facts and in the circumstances of the case and in law, the CIT(A) erred in deleting the Addition made on amount of Unexplained Cash Credits in the form of share application money of Rs. 18,65,00,000/- introduced in the name of M/s Kamal Fashions ... circumstances of the case and in law, the CIT(A) erred by not enhancing the addition made on amount of Unexplained Cash Credits in the form of share application money of M/s Kamal Fashions Pvt. Ltd., by Rs. 22,55,00,000/- which is the remaining amount of share application

M/S. Speed Infracon Private Limited., Kolkata vs. ITO, Tech-1, Kolkata.

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

ITA 900/KOL/2023[2012-13]Status: HeardITAT Kolkata02 Jan 2024AY 2012-13

Bench: Shri Sanjay Garg, Hon’Ble & Shri Rajesh Kumar, Hon’Blei.T.A. No. 900/Kol/2023 Assessment Year: 2012-13 Speed Infracon Private Limited Income Tax Officer, Tech -1, Kolkata (Successor To Harmony Infraprojects Private Vs Limited) 85, Bentinck Street Ground Floor Kolkata – 700001 [Pan : Aancs3720R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri C. Roy, A.R.B. Revenue By : Shri B.K. Singh, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 01/01/2024 घोषणा क" तारीख/Date Of Pronouncement : 02/01/2024 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi, [Hereinafter The “Ld. Cit(A)”] Dt. 27/06/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. That The Addition Of Rs.7000000/- As Unexplained Cash Credit U/S 68 Of Income Tax Act 1961. That The Addition Of Rs.451321/- As U/S 40(A)(Ia) Of The Income Tax Act 1961 & Rs.162075/- As U/S 14A. 2. That Even Otherwise The Addition Is Unwarranted When The Payee Has Disclosed The Impugned Sum As Part Of His Share Capital. 3. That Appellant Is Already Merged With M/S. Speed Infracon Private Limited Before The Order Passed By Concerned Assessing Officer. 4. That Appellant Reserves Right To Raise Additional Grounds During Hearing.” 3. At The Outset, The Ld. Counsel For The Assessee Has Invited Our Attention To The Impugned Orders Of The Lower Authorities To Submit

For Appellant: Shri C. Roy, A.R.BFor Respondent: Shri B.K. Singh, JCIT, Sr. D/R
Section 14ASection 250Section 40Section 68

Assessment Year 2012-13. 2. The assessee has raised the following grounds of appeal:- “1. That the addition of Rs.7000000/- as unexplained cash credit u/s 68 of Income Tax Act 1961. That the addition of Rs.451321/- as u/s 40(a)(ia) of the Income Tax Act 1961 and Rs.162075