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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

Nemchand Khetshi Dedhia, Mumbai vs. Commissioner of Income Tax(Appeal), Mumbai

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

ITA 1871/MUM/2022[2016-17]Status: DisposedITAT Mumbai23 Sept 2022AY 2016-17

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1871/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2016-17) Nemchand Khetshi Dedhia बिधम/ Cit(A) Row House No. 4, Shree Income Tax Department, Vs. Tilak Complex, Eksar Road, National Faceless Appeal Devki Nagar, Borivli West, Centre (Nfac), Delhi. Mumbai-400103, Maharashtra, India. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacpd3444K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Mr. Chetan Kacha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 01/09/2022 घोषणा की तारीख /Date Of Pronouncement: 23/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/ Nfac, Delhi Dated 28.06.2022 For The Assessment Year 2016-17. 2. The Grounds Of Appeal Of The Revenue Reads As Under: - “1. The Ld. Cit(A) Passed An Order U/S 250 Of Income Tax Act, 1961, Dated 28.06.2022 Having Din & Order No. Itba/Nfac/S/250/2022- 23/1043629976(1) Dismissing The Grounds Of Appeal & Thereby Dismissing The Appeal Without Considering The Submissions Made By The Appellant. 2. The Ld. Cit(A) Erred In Dismissing The Grounds Of Appeal & Thereby Dismissing The Appeal Against The Order Passed By The Ld. Ao (I.E. Ld. Cit(A) Confirmed The Order Passed By The Ld. Ao) U/S 143(3) Dated 22.12.2018, Wherein He Has (I) Made An Addition Of Rs.34,00,000/- U/S 68 Of Income Tax Act, 1961 On Account Of The Cash

For Appellant: NoneFor Respondent: Mr. Chetan Kacha (Sr. AR)
Section 143(3)Section 156Section 234BSection 250Section 68

Nemchand Khetshi Dedhia deposits (made into bank account out of earlier cash withdrawals and cash on hand) being treated by him as “unexplained cash credits” to the said bank account, and (ii) raising demand u/s 156 of the Income Tax Act, 1961 of Rs.7,26,312/- including additional interest charged