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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

Bilasraika Sponge Iron India Private Limited, Hyderabad vs. ITO., Ward-1(2), Hyderabad

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

ITA 1423/HYD/2025[2016-17]Status: DisposedITAT Hyderabad09 Jan 2026AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.1423/Hyd/2025 Assessment Year 2016-2017 Bilasraika Sponge Iron India Private Limited, The Income Tax Officer, Vs. Hyderabad–500001. Ward-1(2), Telangana. Hyderabad. Pan Aaccb1598B (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Ca Bhupesh Kumar Dand राज" व "ारा /Revenue By: Sri Ashutosh Pradhan, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 10.12.2025 घोषणा की तारीख/Pronouncement: 09.01.2026 आदेश/Order

For Appellant: CA Bhupesh Kumar DandFor Respondent: Sri Ashutosh Pradhan, Sr. AR
Section 139(1)Section 142(1)Section 143(1)Section 143(2)Section 148Section 68

facts of the case. 2. The Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs.30,00,000/- as Unexplained Cash Credit under section 68 of the Act, made by the Assessing Officer for untenable reasons. 3. Any other ground/s that may be urged at the time ... required to file reply on or before 03.12.2019, failing which, the proceedings would be finalized treating the impounded sum as undisclosed and unexplained cash credit by invoking provisions of sec.68 of the Act. In Para-5 of the impugned order the Assessing Officer has observed as under: “5. Though

Mumtaz Ali Mohd, Hyderabad vs. Income Tax Officer, Ward-8(1), Hyderabad

ITA 1260/HYD/2024[2014-15]Status: DisposedITAT Hyderabad09 Jan 2026AY 2014-15

Bench: Shri Manjunatha G. & Shri Ravish Sood(Hybrid Hearing) आ.अपी.सं /Ita No.1260/Hyd/2024 (िनधा"रण वष"/Assessment Year:2014-15) Mumtaz Ali Mohd, Vs. Income Tax Officer, Hyderabad. Ward-8(1), Pan: Abppm6593E Hyderabad. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri S. Rama Rao, Advocate राज" व "ारा/Revenue By: Shri K. Vonoth Kannan, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 06/01/2026 घोषणा की तारीख/Date Of 09/01/2026 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 09/01/2024, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “Ao”) Under Section 147 R.W.S 144B Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 12/05/2023 For The Assessment Year (Ay) 2014-15. The Assessee Has Assailed The Impugned Order Of The Cit(A) On The Following Grounds Of Appeal:

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Shri K. Vonoth Kannan
Section 147Section 148Section 148ASection 68

return of income and made an addition of the entire amount of cash deposits of Rs.2.93 crores (supra) by treating the same as unexplained cash credits under section 68 of the Act. Accordingly, the AO vide his order under section 147 r.w.s 144B of the Act, dated 12/05/2023 determined

Goodwill Tracon Pvt. Ltd., North Twenty Four Parganas vs. ITO, Ward 11(1), Kolkata

In the result, the appeal filed by the assessee is allowed

ITA 1386/KOL/2025[2012-2013]Status: DisposedITAT Kolkata09 Jan 2026AY 2012-2013

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2012-13 Goodwill Tracon Pvt. Ltd.……....………………….……….……….……Appellant 24/1, Ali Haider Road, North 24 Parganas, Kol – 700119.. [Pan: Aaccg8922G] Vs. Ito, Ward -11(1), Kolkata…………………………….....……...…..…..Respondent Appearances By: Shri Miraj D Shah, Ar, Appeared On Behalf Of The Appellant. Smt. Madhumita Das, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 15, 2025 Date Of Pronouncing The Order : January 09, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.05.2025 Of The Nfac, Delhi [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2012–13. 2. Brief Facts Of The Case Are That The Assessee Filed Its Original Return Of Income For The Assessment Year 2012-13 Declaring Total Income Of Rs.8,590/-. The Return Of The Assessee Was Selected For Scrutiny & Notices U/S 143(2) & 142(1) Were Issued & In Response To The Said Notices, The Assessee Company Filed Various Details In Support Of Unexplained Share Capital. The Assessing Officer Found From The Balance Sheet Of The Assessee That The Company Has Received Share Capital Money Goodwill Tracon Pvt. Ltd Of Rs.5,03,65,960/-. The Director Of The Assessee Company Did Not Make Compliance To The Notice Issued U/S 131 Of The Act & The Assessing Officer Assessed The Income Of The Assessee 5,03,74,550/-.

Section 131Section 143(2)Section 143(3)Section 250Section 68

passed order u/s 143(3) of the Act for the assessment year 2012-13 by making addition of Rs.5,03,65,960/- as unexplained cash credit. It has been submitted by the AR that the 2 Goodwill Tracon Pvt. Ltd premium was received in the year

Rakesh Divedi, Delhi vs. Income Tax Officer, Ward 43(6), Delhi

In the result, appeal of the Assessee is allowed

ITA 3290/DEL/2025[2009-10]Status: DisposedITAT Delhi09 Jan 2026AY 2009-10

Bench: Shri Sudhir Kumar & Shri Manish Agarwalrakesh Divedi, Income Tax Officer, 87, Triveni Apartments, Ward-43(6), Delhi. Pitampura, New Delhi - Vs. 110034. Pan-Apcpd9179A (Appellant) (Respondent) Shri Pranshu Singhal, Ca Assessee By & Ms. Mansi Jain, Adv. Department By Ms. Ankush Kalra, Sr. Dr Date Of Hearing 30/10/2025 Date Of Pronouncement 09/01/2026 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (‘Ld. Cit(A)’ In Short) Dated 07.03.2025 In Appeal No.40/10204/2018-19 Arising Out Of The Order Passed By The Income Tax Officer, Ward-40(3) U/S 143(3) Of The Act (‘The Act’ For Short) Dated 20.12.2016 For Assessment Year 2009-10. 2. Brief Facts Of The Case Are That Assessee Is An Individual & Proprietor Of M/S Triambkay Gauri Impex. The Information Was Received By The Ao From Investigation Wing That There Were Cash Deposits In The Bank Account Of The Assesse With Icici Bank, However, Income Of The Assessee & Gross Receipt Has Not Rakesh Divedi Vs. Income Tax Officer Commensurate With The Cash So Deposited, Therefore, After Recording The Reason U/S 147, Notice U/S 148 Was Issued On 31.03.2016 After Obtaining Statutory Approval From The Pcit. Thereafter, Assessment Was Completed Vide Order Dated 20.12.2016 Wherein Total Addition Of Rs. 5,20,88,345/- Was Made U/S 68 Of The Act For Cash Deposited In The Bank Accounts By Holding The Same As Unexplained Cash Credits. 3. Against The Said Order, Assessee Has Filed An Appeal Before Ld. Cit(A) Who Vide Impugned Order Has Partly Allowed The Appeal Of The Assessee & Directed The Ao To Make Addition Of Peak Credit Of The Total Deposits In The Bank Accounts.

Section 143(2)Section 143(3)Section 147Section 148Section 151Section 68

made u/s 68 of the Act for cash deposited in the bank accounts by holding the same as unexplained cash credits. 3. Against the said order, assessee has filed an appeal before Ld. CIT(A) who vide impugned order has partly allowed the appeal of the assessee and directed

Tonmoy Sadhukhan, Bhangar vs. ITO, Ward 25(1), Kolkata

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

ITA 2291/KOL/2025[2017-2018]Status: DisposedITAT Kolkata08 Jan 2026AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2017-18 Tonmoy Sadhukhan…………..……..………………….……….……….……Appellant Ghatakpukur, Gobindapur Bhangar, South 24 Parganas 743502, Wb – 743502. [Pan: Cbzps8992R] Vs. Ito, Ward-25(1), Kolkata…………………………..…….....……...…..…..Respondent Appearances By: Shri P. K. Rai, Adv, H. Mukhopadhaya & Trideep Nayak, Adv., Appeared On Behalf Of The Appellant. Shri Pradip Kr. Biswas, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 11, 2025 Date Of Pronouncing The Order : January 08, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 12.02.2024 Of The Nfac, Delhi (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2017–18. 2. The Appeal Has Been Filed By The Assessee With A Delay Of 528 Days. The Assessee Has Filed An Affidavit For Condonation Of The Delay, Which Is Self-Explanatory. After Going Over The Said Affidavit, We Find That The Delay Was Occurred Due To Unusual Circumstances Which Was Beyond The Control Of The Assessee & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 143(2)Section 143(3)Section 250Section 69A

were issued. The assessment of the assessee was completed u/s 143(3) by making an addition of Rs.2,02,76,735/- towards unexplained cash credit u/s 69A of the Act in respect of deposits made by the assessee in the bank accounts during demonetization period. 4. Aggrieved by the said

Assistant Commissioner of Income Tax, Central Circle-2, Ludhiana vs. Ritu Dhingra, Shakti Vihar, Haibowal Kalan, Ludhiana

In the result, the appeal of the Assessee and cross appeal of the Department are allowed for statistical purposes

ITA 862/CHANDI/2025[2019-20]Status: DisposedITAT Chandigarh07 Jan 2026AY 2019-20

Bench: him:- (a) That the assessment order dated 31.03.2023 passed u/s 143(3) r.w.s.153C is bad in law in as much no incriminating material was found suggesting any escapement of income at premises of Sh. Avtar Singh Kochhar. (b) That the assessment order passed is non-est and bad in law in as much the proceedings have not been conducted in the manner prescribed by the Department instructions from time to time which are mandatory for compliance by the Learned Authorities particularly with respect

For Appellant: Shri Ashwani Kumar, C.A and Ms. Deepali Aggarwal, C.AFor Respondent: Shri Rajat Kumar Kureel, CIT, DR
Section 131Section 132Section 143(3)Section 144Section 153CSection 153C(3)Section 153DSection 250Section 251(1)(a)

supporting evidences to establish the genuineness of the transactions, the Assessing Officer treated the foreign remittances amounting to Rs.67,15,93,101/- as unexplained cash credits under section 68 of the Act and added the same to the total income of the assessee. 7. Against the order ... confirmed the action of the Assessing Officer in treating the foreign remittances amounting to Rs.67,15,93,101/- as unexplained cash credits under section 68 of the Act and dismissed the grounds raised by the assessee. 8. Against the order of the Ld. CIT(A) the assessee preferred in appeal