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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

Tech Mahindra Ltd., Mumbai vs. ACIT, Circle - 2(3)(1), Mumbai

In the result, appeal by the assessee is allowed

ITA 6573/MUM/2019[2012-13]Status: DisposedITAT Mumbai17 Mar 2022AY 2012-13

Bench: Shri Vikas Awasthy & Shri Prashant Maharishiआअसं. 6573/मुं/2019 ("न. व. 2012-13 ) Tech Mahindra Limited, Gateway Building, Apollo Bunder, Mumbai – 400 001 Pan: Aaacm-3484-F ...... अपीलाथ" /Appellant बनाम Vs. Acit, Cir. 2(3)(1), Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri J.D.Mistri, Sr. Advocate ""तवाद" "वारा/Respondent By : Shri Rajesh Damor सुनवाई क" "त"थ/ Date Of Hearing : 20/12/2021 घोषणा क" "त"थ/ Date Of Pronouncement : 17/03/2022 आदेश/ Order Per Vikas Awasthy, Jm: 6573/Mum/2019 This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax(Appeals)-6, Mumbai [In Short 'The Cit(A)’] Dated 04/09/2019 For The Assessment Year 2012-13. 2. Shri J.D.Mistri, Sr.Advocate Appearing On Behalf Of The Assessee Submitted At The Outset That The Assessee Has Raised Additional Grounds Of 2 Appeal Assailing Jurisdiction Assumed By The Assessing Officer U/S. 147 Of The Income Tax Act,1961 ( In Short 'The Act') & Validity Of The Order Passed U/S. 143(3) R.W.S. 147 Of The Act. At This Stage He Would Be Confirning His Submissions On The Additional Grounds Raised.

For Appellant: Shri J.D.Mistri, Sr. AdvocateFor Respondent: Shri Rajesh Damor
Section 115JSection 143(3)Section 147Section 148Section 68

submissions and information provided by the assessee and proceeded to make addition of Rs.88,15,483/- u/s. 68 of the Act as unexplained cash credits. During the assessment proceedings it was categorically informed to the Assessing Officer that there is a mismatch in recording revenue from the aforesaid parties ... proceedings, the Assessing Officer made addition u/s. 68 of the Act of the same amount and held the receipts from foreign customers/parties as unexplained cash credits and taxed under ‘Income from other Sources’. The ld.Counsel for the assessee in support of this contention furnished copy of the reasons for reopening

Nayankumar S Sonawane, Mumbai vs. CIT(A)- 48, Mumbai

In the result, assessee’s appeal is allowed for statistical purposes

ITA 4877/MUM/2019[2013-14]Status: DisposedITAT Mumbai16 Mar 2022AY 2013-14

Bench: Passing The Order. 2. The Ld. Cit(A) Erred On Facts, In Law & In The Circumstances Of The Case In Rejecting The Application Under Rule 46A For Admission Of Additional Evidence. 3. The Ld. Cit(A) Erred On Facts, In Law & In The Circumstances Of The Case In Confirming Addition Of Rs.1,61,887/- As Unexplained Cash Credits U/S. 68 Of The Income Tax Act To The Returned Income. The Said Amount Represents The Additions On Account Of Cash Deposits With The B Ha Rat Co-Op. Bank Ltd. The Appellant Humbly Prays That The Said Addition Be Deleted. 4. The Ld. Cit(A) Erred On Facts, In Law & In The Circumstances Of The Case In Confirming Addition Of Rs.10,91,600/- As Unexplained Cash Credits U/S. 68 Of The Income Tax Act To The Returned Income. The Said Amount Represents The Additions On Account Of Cash Deposits Of Rs.6,71,600/- & Rs.4,20,000/- Credited To The Account Held With Hindustan Co-Op. Bank Ltd. The Appellant Humbly Prays That The Said Addition Be Deleted.

Section 142(1)Section 143(1)Section 143(2)Section 68

erred on facts, in law and in the circumstances of the case in confirming addition of Rs.1,61,887/- as Unexplained Cash Credits u/s. 68 of the Income Tax Act to the returned income. The said amount represents the additions on account of cash deposits with ... erred on facts, in law and in the circumstances of the case in confirming addition of Rs.10,91,600/- as Unexplained Cash Credits u/s. 68 of the Income Tax Act to the returned income. The said amount represents the additions on account of cash deposits of Rs.6

Jt. CIT (OSD), CC -6 (3), Mumbai vs. Advent Developer Pvt. Ltd., Mumbai

The appeal of the revenue is dismissed

ITA 3066/MUM/2018[2010-11]Status: DisposedITAT Mumbai16 Mar 2022AY 2010-11

Bench: Shri Amarjit Singh, Am & Ms. Kavitha Rajagopal, Jm (Virtual Court Hearing) आयकरअपीलसं./ I.T.A. No. 3066/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2010-11) M/S Advent Developers Jt. Cit (Osd), Cc-6(3) R. No. 1926, 19Th Floor, Pvt. Ltd. Cts-12A/28A, 12A/29 Tp Air India Bldg, Nariman बिधम/ 33, Advent Atria, Point, Mumbai-400 021 Vs. Chincholi Bunder Road, Malad(W), Mumbai-400 064 स्थायीलेखासं./जीआइआरसं./ Pan No. Aafca3158H (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri Vishwas Mehendale, Ld. Ar By प्रत्यथीकीओरसे/Respondent : Ms. Shailja Rai, Ld. Dr By सुनवाईकीतारीख/ : 02.02.2022 Date Of Hearing घोषणाकीतारीख / : 16.03.2022 Date Of Pronouncement आदेश / O R D E R Per Kavitha Rajagopal: This Appeal Filed By The Revenue Challenges The Impugned Order Dated 23.02.2018 Passed By Ld. Commissioner Of Income Tax (Appeals) – 54, Mumbai In Short Referred As „Ld. Cit(A)‟ In 2

For Appellant: Shri Vishwas MehendaleFor Respondent: Ms. Shailja Rai, Ld. DR by
Section 143(3)Section 153ASection 68

income at Rs. 6,18,17,480/- and made addition of Rs. 2,90,49,480/- u/s 68 of the IT Act as unexplained cash credit for the loan taken to the tune of Rs. 2,75,00,000/- from parties alleged to be associated with Mr. Praveen Kumar Jain

Deputy Commissioner of Income Tax, Central Circle - 4(3), Mumbai vs. M/S Lush Hotels and Entertainment Limited, Mumbai

In the result, the appeal filed by the revenue is hereby dismissed

ITA 2700/MUM/2019[2013-14]Status: DisposedITAT Mumbai09 Mar 2022AY 2013-14

Bench: S. Rifaur Rahman, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 2700/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2013-14) Dcit, Central Circle-4(3) बिधम/ M/S. Lush Hotels & Room No.1921, 19Th Floor, Entertainment Ltd. Vs. Air India Building, Nariman (M/S. Lush Hospitality Ltd.) 10, Homi Modi Street, 2Nd Point, Mumbai-400021. Floor, Above Kapal Bank, Fort, Mumbai-400023. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcl2464P (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri N. R. Agrawal Revenue By: Shri Mehul Jain (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 13/01/2022 घोषणा की तारीख /Date Of Pronouncement: 09/03/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 15.02.2019 Passed By The Commissioner Of Income Tax (Appeals) -02, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2013- 14. 2. The Revenue Has Raised The Following Grounds: - “1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Deleting The Addition Made By The Assessing Officer On Account Of Share Application Money Received From M/S. Third Eye Infrastructure Ltd. In Spite Of The Fact That It Had No Taxable Income & Filed Its Return Of Income At Rs. Nil For The Same Assessment Year. A.Y.2013-14 2. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Deleting The Addition Without Appreciating The Facts That The Parties From Whom M/S. Teil Had Received Funds Were Not Having Creditworthiness Vis-A-Vis The Amount Paid To M/S. Teil By Them Respectively.

For Appellant: Shri N. R. AgrawalFor Respondent: Shri Mehul Jain (Sr. AR)
Section 143(1)Section 143(2)Section 14ASection 68

reply of the assessee, The AO treated the same as un-genuine and raised the addition u/s 68 of the Act as unexplained cash credit. After some disallowance u/s 14A r.w. Rule 8D and disallowance of depreciation, the AO assessed the income to the tune of Rs.8 ... refund of advance, it was observed that short term loans and advances have increased. Therefore, the AO has treated the said investment as unexplained cash credit and has made an addition of Rs. 888,10,000/-. 5.2 . I find that the appellant has furnished the confirmation, evidence regarding receipt