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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

M/S. Shree Sant Gajanan Nagri Sahkari Patsahth, Thane vs. Dy Commissioner of Income Tax -2, Kalyan

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

ITA 1178/MUM/2022[2012-13]Status: DisposedITAT Mumbai06 Sept 2022AY 2012-13

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhm/S. Shree Sant Vs. Dcit-2, Gajanan Nagri Sahkari 2Nd Floor, Mohan Plaza, Patsahtha, Wayle Nagar, Shop No. 8/Plot No. Khadakpada, 48, Parshwnath Kalyan West – 421 301. Towers, Suryoday Chs Maharashtra. Ltd, Near Dns Bank, Ambernath, Thane -421501. Maharashtra. Pan/Gir No. Aafts9566E Appellant .. Respondent Appellant By : Shri Viraj Mehta.Ar Respondent By : Shri. Tejinder Pal Singh.Dr Date Of Hearing 05.09.2022 Date Of Pronouncement 06.09.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Cit(A)-National Faceless Appeal Centre (Nfac), Delhi Passed U/S 144 & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: M/S Shree Sant Gajanan Nagri Sahkari Patsahth, Mumbai. Legal:

For Appellant: Shri Viraj Mehta.ARFor Respondent: Shri. Tejinder Pal Singh.DR
Section 143Section 144Section 147Section 148Section 151Section 68Section 80P

same may be quashed and set aside as there is no proper sanction as per section 151. Merit 3. Unexplained Cash Credit u/s 68 of Rs. 51,46,423/ On facts and circumstances, Ld. CIT(A) has erred in confirming the addition made by Ld. AO u/s 68 on account ... unexplained cash credit of Rs. 51,46,423/- and ought to be reversed. Such addition is bad in law and erroneous in facts and liable to be deleted. 4. Treating Inocme of Rs. 95,637/- as income from other sources and denying deduction u/s 80P On facts and circumstances

Sameer Moin Khan, Mumbai vs. ITO 31 (3) (3), Mumbai

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

ITA 1486/MUM/2021[2010-11]Status: DisposedITAT Mumbai30 Aug 2022AY 2010-11

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadalesameer Moin Khan Vs. Ito – 31(3)(3) A/105, Prathmesh Kutir, Room No. 408B, 4Th Opp. Agarwal Estate, Floor, C-13, Captain Samant Marg, Pratyaksha Kar Jogeswari (W), Bhavan, Bkc Mumbai-400012.. Mumbai- 400 051. Pan/Gir No. : Ajfpk0293H Appellant .. Respondent Appellant By : Shri Dharn Gandhi.Ar Respondent By : Shri Rp Veena.Dr Date Of Hearing 25.08.2022 Date Of Pronouncement 29.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Cit(A)-National Faceless Appeal Centre (Nfac), Delhi Passed U/S 144 R.W.S 147 & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: Sameer Moin Khan., Mumbai. 1.On The Facts & In The Circumstances Of The Case & In Law, Na The Reassessment Proceeding Initiated In Case Of The Appellant Vide Notice U/S 148 Of The Act Dated 27.03.2018 Is Bad In Law.

For Appellant: Shri Dharn Gandhi.ARFor Respondent: Shri RP Veena.DR
Section 133(6)Section 144Section 148Section 250Section 44ASection 68

assessee. In the absence of explanation of source of cash deposits as per the bank statement, the A.O. has treated the deposits as unexplained cash credits u/s 68 of the Act and assessed the total income of Rs.33,26,199/- and passed the order u/s 144 r.w.s ... submitted that the CIT(A) erred in confirming the Sameer Moin Khan., Mumbai. addition of the AO in treating the cash deposits as unexplained cash credits without considering the withdrawals. The Ld. AR emphasized that the assessee is a small trader and was involved in purchasing of the readymade /hosiery