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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

Jt CIT (OSD), CC-3(1), Mumbai vs. Vallabhbhai Parsottambhai Surani, Surat

In the result, appeal filed by the Revenue is dismissed

ITA 498/MUM/2021[2007-08]Status: DisposedITAT Mumbai15 Sept 2023AY 2007-08

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blejt. Commissioner Of Income Tax (Osd) V. Vallabhbhai Parsottambhai Surani Central Circle – 3(1) 1, Sundaram Bunglow Room No. 1924, 19Th Floor Lambe Hanuman Road Air India Building, Nariman Point Opp. Saiffe Society Mumbai – 400 021 Gujrat - 395006 Pan: Ajyps2262F (Appellant) (Respondent) C.O. No.164/Mum/2021 [Arising Out Of Ita No. 498/Mum/2021 (A.Y: 2007-08)] Vallabhbhai Parsottambhai Surani V. Jt. Commissioner Of Income Tax (Osd) 1, Sundaram Bunglow Central Circle – 3(1) Room No. 1924, 19Th Floor Lambe Hanuman Road Air India Building, Nariman Point Opp. Saiffe Society Mumbai – 400 021 Gujrat - 395006 Pan: Ajyps2262F (Appellant) (Respondent) Assessee Represented By : Shri Bharat Kumar Department Represented By : Dr. Mahesh Akhade

Section 132Section 139(1)Section 142Section 143(3)Section 153A

making addition of Page No.4 C.O.No. 164/MUM/2021 Vallabhbhai Parsottambhai Surani ₹.32,38,00,000/- on account of unexplained cash credit and ₹.4,38,00,000/- on account of unexplained cash deposits. 8. Aggrieved, Assessee preferred an appeal before the Ld.CIT(A) and Ld.CIT(A) deleted the above additions by observing ... circumstance of the case the Ld. CIT(A) was justified in Law in deleting the addition of Rs.32,38,00,000/- as unexplained cash credit as the source of funds relied upon assesse itself is disowned by the payer. Page No.26 C.O.No. 164/MUM/2021 Vallabhbhai Parsottambhai Surani 2. Whether

Durga Prasad Chaware, Durg vs. Income Tax Officer-1(4), Bhilai, Durg

In the result, the assessee's appeal is allowed for statistical purposes

ITA 271/RPR/2023[2013-14]Status: DisposedITAT Raipur15 Sept 2023AY 2013-14

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 271/Rpr/2023 "नधा"रण वष" / Assessment Year : 2013-14 Durga Prasad Chaware Near Ramanand Kirana Store, Santoshi Para, Camp-2, Bhilai, Dist. Durg (C.G.)-492 001 Pan : Alupc4794Q .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1(4), Bhilai, Dist. Durg (C.G.) ……""यथ" / Respondent Assessee By : None (Written Submission) Revenue By : Shri Satya Prakash Sharma, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 14.09.2023 घोषणा क" तार"ख / Date Of Pronouncement : 15.09.2023

For Appellant: None (Written submission)For Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 144Section 147Section 148Section 68Section 69

erred in confirming addition of Rs.17,15,000/- made by the AO by treating entire cash deposited in saving bank account as unexplained cash credit without considering the facts and circumstances of the case properly and judicially. The assessee prays that the addition of Rs.17,15,000/- be deleted ... failed to explain the source of the cash deposits of Rs.17,15,000/-, the A.O. added the same by treating it as unexplained cash credit u/s.69 (sic) of the Act. Accordingly, the A.O. vide his order passed u/s.144 r.w.s.147 of the Act dated 04.12.2018 assessed the income at Rs.17