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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

Rafeek, Kerala vs. The Income Tax Officer, Ward-3, Alappuzha

In the result, the appeal filed by the assesee is allowed for statistical purposes and the Stay Application is dismissed

ITA 861/COCH/2022[2017-18]Status: DisposedITAT Cochin08 Mar 2023AY 2017-18

Bench: Shri George George K. & Ms. Padmavathy S. & Sa.No.58/Coch/2022 (Arising Out Of Ita No.861/Coch/2022) (Assessment Year: 2017-18) Rafeek Vs Ito, Ward-3 Kochukaleeckal A.N.Puram Krishnapuram Alappuzha Kappilmekku Kerala-688 011 Alappuzha-690 533 Pan – Akjpr2342F (Appellant) (Respondent) Assessee By: Sri Suresh Varma, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. Ar Date Of Hearing: 02.03.2023 Date Of Pronouncement: 08 .03.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Cit(A)/Nfac, Delhi Dated 13.09.2021. The Relevant Assessment Year Is 2017-18. The Assessee Also Filed A Stay Application Seeking To Stay The Recovery Of Outstanding Tax Arrears.

For Appellant: Sri Suresh Varma, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. AR
Section 115BSection 143(3)Section 250Section 44ASection 68Section 69

from its’ business account over the years and further re-deposit into bank account and therefore not to be assessed u/s. 68 as unexplained cash credit. 5. The First Appellate Authority went wrong in concluding with the assessing officers finding that KYC of buyers, identity of such third party ... appellant as genuine and explained which is disallowed u/s. 69 and u/s. 68 of the I.T.Act, 1961 as unexplained investment and unexplained cash credit respectively as per the assessment order and sustained in this appellate order u/s. 250 and allow the appeal and render justice. 3 Rafeek 4. The brief

M/S Ambitious Finance & Investment Pvt. Ltd., Rajkot-Gujarat vs. The Income Tax Officer, Ward-2(4), Rajkot-Gujarat

The appeal of the assessee is dismissed

ITA 123/RJT/2014[1997-98]Status: DisposedITAT Rajkot06 Mar 2023AY 1997-98

Bench: Mrs. Annapurna Gupta & Mrs. Madhumita Royिनधा"रणवष"/Assessment Year: 1997-98 M/S. Ambitious Finance & Vs. Income Tax Officer, Investment Pvt. Ltd., Ward- 2(4), 107, Kapad Market, Para Bazar, Rajkot Rajkot Pan : Aabca 8076 C अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Written Submission Revenue By : Shri V.J. Boricha, Sr. Dr सुनवाई क" तारीख/Date Of Hearing : 14.12.2022 घोषणा क" तारीख /Date Of Pronouncement: 06.03.2023 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta:

For Appellant: Written SubmissionFor Respondent: Shri V.J. Boricha, Sr. DR
Section 144Section 234BSection 250

total income at Rs.31,90,204/- after making addition of Rs.29,25,103/- u/s 68 of the I.T. Act on account of unexplained cash credit & Rs.2,62,241/- on account of interest 2. Against this assessment order u/s. 143(3) of the LT. Act, the assessee preferred an appeal before ... total income at Rs.51,95,100/- after making addition of Rs. Rs.49,30,000/- u/s 68 of the I.T. Act on account of unexplained cash credit & Rs.2,62,241 /- on account of interest. 4. Against the order u/s 143 (3) r.w.s. 250 & 144 of the I.T. Act, the assessee preferred

Shri Shamjibhai M. Sheladiya, Surat vs. Assistant Commissioner of Income Tax, Cir.-3(2), Surat

In the result, appeal of the assessee is partly allowed

ITA 234/SRT/2022[2016-17]Status: DisposedITAT Surat03 Mar 2023AY 2016-17

Bench: Shri Pawan Singhआ.अ.सं./Ita No.234/Srt/2022 (Ay 2016-17) (Hearing In Physical Court) Shri Shamjibhai M Sheladiya Assistant Commissioner Of 11, Chandanbaug Society, Income-Tax, Circle-3(2), Vs Opp. Dharam Nagar, A.K. Aayakar Bhawan, Majura Road, Surat-395006 Gate, Surat-395001 Pan No: Afxps 3164 B अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Sapnesh R Sheth, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 28.12.2022 उ"घोषणा क" तार"ख/Date Of 03.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 27.05.2022 For Assessment Year 2016-17, Which In Turn Arises Out Assessment Order Passed By Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 06.12.2018. The Assessee Has Raised The Following Grounds Of Appeal:- “1. On The Facts Of The Case As Well As Law On The Subject, The Learned Cit(A), Nfac Has Erred In Confirming The Action Of Assessing Officer In Making Addition Of Rs.15,00,000/- As Unexplained Cash Credit U/S 68 Of The I.T. Act,1961. Sh.Shamjibhai M Sheladiya 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A), Nfac Has Erred In Confirming The Action Of Assessing Officer In Invoking Provisions Of Section 115Bbe Of The Act & In Thereby Taxing Entire Cash Credit Of Rs.15,00,000/- At 30 Percentage.

Section 115BSection 143(3)Section 254(1)Section 68Section 80C

subject, the learned CIT(A), NFAC has erred in confirming the action of Assessing Officer in making addition of Rs.15,00,000/- as unexplained cash credit u/s 68 of the I.T. Act,1961. Sh.Shamjibhai M Sheladiya 2. On the facts and circumstances of the case as well ... perused the materials available on record and the orders of lower authorities carefully. 7. Ground No.1 relates to addition of Rs.15.00 lakh of unexplained cash credits under section 68 of the Act. The Ld. AR for the assessee submits that during the assessment, assessee furnished complete details of lenders