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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

ITO-23(3)(6), Mumbai vs. Swarnsarita Jewellers, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 1420/MUM/2023[2017-18]Status: DisposedITAT Mumbai23 Aug 2023AY 2017-18

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.1420/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2017-18) Ito-23(3)(6) बिधम/ Swarnsarita Jewellers Room No. 608, Earnest 1/E, Ruby Chamber, Vs. House, Nariman Point, 40/42, Dhanji Street, Mumbai-400021. Zaveri Bazar, Mumbai- 400003. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Abyfs2206F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Suchek Anchaliya Shri Tushar Nagori Revenue By: Shri Suresh D. Gaikwad (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 13/07/2023 घोषणा की तारीख /Date Of Pronouncement: 23/08/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Mumbai Dated 27.02.2023 For The Assessment Year 2017-18. 2. The Sole Grievance Of The Revenue In This Appeal Is Against The Action Of The Ld. Cit(A) Deleting The Addition Of Rs.98 Lakhs Made By The Assessing Officer (Hereinafter “The Ao”) U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”). 3. Brief Facts As Noted By The Ao Is That The Assessee Is Engaged In The Business Of Trading In Gold & Diamond Jewellery & Precious Stones. For Ay 2017-18 The Assessee Had Filed Its Return Of Income For Ay. 2017-18 Declaring Total Income Of Rs.15,73,840/-. The Ao Observed That, Search Action Was Conducted In The Case Of One, M/S. Raksha Bullion On 13.11.2016, In The Course Of Which Cash Of Rs.2.50

For Appellant: Shri Suchek AnchaliyaFor Respondent: Shri Suresh D. Gaikwad (Sr. AR)
Section 132(4)Section 68

thereafter added this sale proceeds of Rs.98,00,000/- found from the possession of assessee’s employee and seized by the Department as unexplained cash credit u/s 68 of the Act. Aggrieved by the order of the AO, the assessee preferred an appeal before ... meaning of income and cash credit. Sales which the appellant has shown which AO has accepted as income later was considering as unexplained cash credit clearly shows goes against the accounting principles and taxation law.” 5. Aggrieved by the above order of the Ld. CIT(A), the Revenue

M/S. Maa Tarani Logistics Ltd, Joda vs. ACIT Cir.-1(1), Cuttack

In the result, appeal of the assessee stands allowed

ITA 140/CTK/2023[2012-13]Status: HeardITAT Cuttack21 Aug 2023AY 2012-13

Bench: Before S/Shri George Mathan, Judicial & And Rajesh Kumarassessment Year : 2012-13 M/S Maa Tarani Logistics M/S Maa Tarani Logistics Vs. Acit, Circle Acit, Circle-1(1), Ltd., Ltd., Unchabali, Unchabali, Po: Po: Cuttack Bamabri, Bamabri, Via Via- Joda, Keonjhar Pan/Gir No. Pan/Gir No.Aaecm 7549 R (Appellant (Appellant) .. ( Respondent Respondent) Assessee By Assessee By : S/Shri Soumitra Choudhury & Jaydeep Soumitra Choudhury & Jaydeep Chakraborty, Advocates Revenue By : Shri M.K.Gautam, Pr. Cit (Osd) Pr. Cit (Osd) Date Of Hearing : 21/08 8/2023 Date Of Pronouncement : 21/0 /08/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), , Nfac, Nfac, Delhi, Dated 27.3.2023 In Appeal No.Itba/Nfac/S/250/2022 Itba/Nfac/S/250/2022-23/1051397448(1) For The Assessment Year For The Assessment Year 2012-13. 2. S/Shri Shri Soumitra Choudhury & Jaydeep Chakraborty, Advocates Soumitra Choudhury & Jaydeep Chakraborty, Advocates Appeared For The Assessee & Shri M.K.Gautam, Ld. Pr.Cit (Osd) Appeared For The Assessee & Shri M.K.Gautam, Ld. Pr.Cit (Osd) Appeared For The Assessee & Shri M.K.Gautam, Ld. Pr.Cit (Osd) Appeared For The Reve Appeared For The Revenue.

For Appellant: S/Shri Soumitra Choudhury & JaydeepFor Respondent: Shri M.K.Gautam, Pr. CIT (OSD)
Section 127Section 127(2)Section 143(2)Section 143(3)Section 144Section 1aSection 234Section 68

Rs.6,01,86,900/- made by the A.O. on account of unexplained paid up share capital by wrongly treating the same as unexplained cash credit u/s 68 which is completely arbitrary, unjustified and illegal. 5. For that on the facts of the case, the Ld. CIT(A) ought to have ... additions in respect of share capital received by the assessee from 608 employees of M/s. Triveni Earthmovers Pvt Ltd., which was treated as unexplained cash credit in the course of assessment and confirmed by the ld CIT(A). It was the submission that the assessee is a mining contractor