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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

Asstt. CIT - CC-1(2), Mumbai vs. Mangal Buildhome P. Ltd., Mumbai

In the result, all the appeals filed by the revenue are dismissed

ITA 567/MUM/2021[2013-14]Status: DisposedITAT Mumbai23 Feb 2022AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Bledcit – 1(1) V. M/S. Shree Ratna Mangal Jewels Pvt. Ltd., Shop No.302, 3Rd Floor 903, 9Th Floor Chinatamani Arcade, Dhanji Street Pratishtha Bhavan Mumbai - 400003 Old Cgo Building Annexe Maharishi Karve Road Pan: Aapcs6589J Mumbai - 400020 (Appellant) (Respondent) Dcit – 1(1) V. M/S. Mangal Buildhome Pvt. Ltd., 903, 9Th Floor A.1701-1702, Lotus Corporate Park Goregaon (E), Mumbai - 400063 Pratishtha Bhavan Old Cgo Building Annexe Pan: Aagcm5420M Maharishi Karve Road Mumbai - 400020 (Appellant) (Respondent) Dcit – 1(1) V. M/S. Mangal Bullion Pvt. Ltd., 903, 9Th Floor 202, 2Nd Floor Chinatamani Arcade Pratishtha Bhavan Opp. Bombay Bullion Building Old Cgo Building Annexe Dhanji Street, Mumbai - 400003 Maharishi Karve Road Mumbai - 400020 Pan: Aagcm2672M (Appellant) (Respondent)

For Appellant: Shri Neelkanth KhandelwalFor Respondent: Shri Rakesh Garg
Section 132(1)Section 143(2)Section 153CSection 68

associates should not be treated as accommodation entries and should not be added in the income of the assessee treating as unexplained cash credit. In response assessee filed detailed submissions before the Assessing Officer, along with the ledger account of the parties namely Atharv Business Pvt. Ltd., Duke Business

Asstt. CIT, CC-1(1), Mumbai vs. Shree Ratna Mangal Jewels P. Ltd., Mumbai

In the result, all the appeals filed by the revenue are dismissed

ITA 566/MUM/2021[2012-13]Status: DisposedITAT Mumbai23 Feb 2022AY 2012-13

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Bledcit – 1(1) V. M/S. Shree Ratna Mangal Jewels Pvt. Ltd., Shop No.302, 3Rd Floor 903, 9Th Floor Chinatamani Arcade, Dhanji Street Pratishtha Bhavan Mumbai - 400003 Old Cgo Building Annexe Maharishi Karve Road Pan: Aapcs6589J Mumbai - 400020 (Appellant) (Respondent) Dcit – 1(1) V. M/S. Mangal Buildhome Pvt. Ltd., 903, 9Th Floor A.1701-1702, Lotus Corporate Park Goregaon (E), Mumbai - 400063 Pratishtha Bhavan Old Cgo Building Annexe Pan: Aagcm5420M Maharishi Karve Road Mumbai - 400020 (Appellant) (Respondent) Dcit – 1(1) V. M/S. Mangal Bullion Pvt. Ltd., 903, 9Th Floor 202, 2Nd Floor Chinatamani Arcade Pratishtha Bhavan Opp. Bombay Bullion Building Old Cgo Building Annexe Dhanji Street, Mumbai - 400003 Maharishi Karve Road Mumbai - 400020 Pan: Aagcm2672M (Appellant) (Respondent)

For Appellant: Shri Neelkanth KhandelwalFor Respondent: Shri Rakesh Garg
Section 132(1)Section 143(2)Section 153CSection 68

associates should not be treated as accommodation entries and should not be added in the income of the assessee treating as unexplained cash credit. In response assessee filed detailed submissions before the Assessing Officer, along with the ledger account of the parties namely Atharv Business Pvt. Ltd., Duke Business

DCIT, CC-7(3), Mumbai vs. M/S Classic Creations Impex Pvt Ltd., Mumbai

ITA 4585/MUM/2019[2009-10]Status: DisposedITAT Mumbai18 Feb 2022AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील िं./ I.T.A. No. 4585/Mum/2019 (धििाारण वर्ा / Assessment Year: 2009-10 Dcit, Cc – 7(3), M/S Classic Creations Impex Pvt. Ltd. बिाम K-Wing, 3Rd Floor, Tex Centre R. No. 655, Aaykar Bhavan M. K. Road, Mumbai-400 020 (Next To Hdfc Bank), Chandivali, / Vs. Andheri(W), Mumbai-400 072 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aabcc-3350-M (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Rushabh Mehta – Ld. Ar Revenue By : Shri Dharamvir Singh – Ld. Dr ुनवाई की तारीख/ : 24/11/2021 Date Of Hearing घोषणा की तारीख / : 18/02/2022 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2009-10 Arises Out Of The Order Of Learned Commissioner Of Income-Tax (Appeals)-49, Mumbai [Cit(A)] Dated 12/04/2019 In The Matter Of Assessment Framed By Learned Assessing Officer (Ao) U/S 143(3) R.W.S. 147 On 19/12/2016. The Sole Ground Urged By The Revenue Read As Under: - In The Circumstances & On The Facts Of The Case & In Law, The Cit(A) Has Erred In Deleting The Addition Of Rs.3,23,50,000/- Made By The Ao As Unexplained Cash Credit Received From M/S. Emma Auto Ancillary Pvt. Ltd. In The Form Of Share

For Appellant: Shri Rushabh Mehta – Ld. ARFor Respondent: Shri Dharamvir Singh – Ld. DR
Section 131Section 132Section 143(1)Section 143(3)Section 148Section 68

case and in law, the CIT(A) has erred in deleting the addition of Rs.3,23,50,000/- made by the AO as unexplained cash credit received from M/s. Emma Auto Ancillary Pvt. Ltd. in the form of share application money u/s. 68 of the Act without considering the fact ... money of Rs.349.50 Lacs as received by the assessee company during AYs 2009-10 & 2010-11. The said money was accepted to be unexplained cash credit in the hands of the assessee company. Accordingly, the case was reopened and notice u/s 148 was issued on 28/03/2016. In response

ITO 1(3)(2), Mumbai vs. Suntech Peripherals P.Ltd, Mumbai

The appeal stands dismissed

ITA 3502/MUM/2017[2012-13]Status: DisposedITAT Mumbai18 Feb 2022AY 2012-13

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील िं./ I.T.A. No. 3502/Mum/2017 (धििाारण वर्ा / Assessment Year: 2012-13 Ito – 1(3)(2) M/S Suntech Peripherals Pvt. Ltd. 5Th Floor, R. No. 541 बिाम 2-B, Prem Kutir, 177 Aaykar Bhavan, M. K. Road Babubhai Chinoi Road / Vs. Mubmai-400 020 Marine Drive, Mumbai-400 020 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aabcs-6873-P (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Prakash Jotwani – Ld. Ar Revenue By : Shri Hoshang Boman Irani – Ld. Dr ुनवाई की तारीख/ : 24/11/2021 Date Of Hearing घोषणा की तारीख / : 18/02/2022 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2012-13 Arises Out Of The Order Of Learned Commissioner Of Income-Tax (Appeals)-3, Mumbai [Cit(A)], Dated 28/02/2017 In The Matter Of Assessment Framed By Ld. Ao U/S 143(3) On 30/03/2015. The Grounds Raised By The Revenue Read As Under: - 1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Was Erred In Deleting The Addition Of Share Premium Received On The Ground That It Was A Capital Receipt When In Reality There Is Accretion To Assets Without A Corresponding Increase In Claimable Liability (Shares & Premium Reserve) & Therefore Determining The Nature Of Such Receipt Of Share Premium As Income On It Remaining

For Appellant: Shri Prakash Jotwani – Ld. ARFor Respondent: Shri Hoshang Boman Irani – Ld. DR
Section 143(3)Section 68

held to be not applicable. Finally, the amount of share premium as received by the assessee during the year was held to be unexplained cash credit u/s 68 and added to the total income of the assessee. Appellate Proceedings 4. The Ld. CIT(A) noted that the subscribers were group

Mr. Kishore Nandlal Chabria, Mumbai vs. The Pr. CIT-16, Mumbai

In the result, the appeal of the assessee is hereby allowed

ITA 1554/MUM/2020[2015-16]Status: DisposedITAT Mumbai10 Feb 2022AY 2015-16

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1554/Mum/2020 (ननधधारण वर्ा / Assessment Years: 2015-16) बनधम/ Mr. Kishore Nandlal Pcit-16 Room No.437, 4Th Floor Chabria Vs. 51, 5Th Floor, Radheya Aayakar Bhavan, Building, 14Th Road, Khar Maharishi Karve Road, West, Mumbai-400052. Mumbai-400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabpc5779R (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Sanjay Singh Revenue By: Shri Vinay Sinha (Dr) सुनवाई की तारीख / Date Of Hearing: 16/11/2021 घोषणा की तारीख /Date Of Pronouncement: 10/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 07.07.2020 Passed By The Principal Commissioner Of Income Tax-16, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2015-16 In Which The Principal Commissioner Of Income Tax-16 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: - 2. 1. On The Facts & In The Circumstances Of The Case, The Order Passed By The Learned Principal Commissioner Of Income Tax-16, Mumbai Under Section 263 Of The Income Tax Act. 1961 Is Void Ab Initio Being Had In Law Based On Assumptions & Wrong Facts & Without Jurisdiction. 2. On The Facts & In The Circumstances Of The Case, The Learned Principal Commissioner Of Income Tax-16, Mumbai Has Erred On Facts & In Law In Assuming Jurisdiction Under Section 263 Of The Income Tax Act, 1961 When

For Appellant: Shri Sanjay SinghFor Respondent: Shri Vinay Sinha (DR)
Section 143(2)Section 143(3)Section 263Section 263(1)

withdrawal only for ₹1.50 lakh but the AO has made the addition only to the extent of ₹4 lakh on account of unexplained cash credit. Therefore, certain unexplained cash credit of the assessee has been under assessed by the AO. (ii) There was another bank account of the assessee ... lacs. Thus the AO after considering the bank statements of the assessee has consciously made the addition of ₹ 4 lakh as unexplained cash credit against which assessee claimed to have filed appeal before Ld. CIT(A). Therefore, in our considered view, the allegation of Ld. CIT that proper enquiry