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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

Anantpur Kalpana, Gangavathi vs. Income Tax Officer, Ward-1, Bangalore

In the result, appeal of the assessee is allowed

ITA 541/BANG/2021[2017-18]Status: DisposedITAT Bangalore13 Dec 2021AY 2017-18

Bench: Shri N.V. Vasudevanassessment Year : 2017-18 Anantpur Kalpana, Vs. Ito, 1/1/1, Mahalaxmi Enterprises, Ward – 1, Hosakeri, Building Bamboo Bazar, Koppal. Gangavathi – 583 227, Karnataka. Pan : Clepk 8005 L Assessee By : Shri. Raghavendra Chakravarthy, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel For The Department Date Of Hearing : 09.12.2021 Date Of Pronouncement : 13.12.2021 O R D E R Er N. V. Vasudevanthis Is An Appeal Filed By The Assessee Against Order Dated 16.08.2021 Of Cit(A) National Faceless Appeal Centre (Nfac), Delhi, Relating To Assessment Year 2017-18. 2. The Assessee Is An Individual. She Is Proprietrix Of A Business In The Name & Style Of Mahalaxmi Enterprises. The Business Consists Of Dealing In Beedi, Tea Powder & Pan Masala. For Assessment Year 2017-18, The Assessee Filed Return Of Income Declaring Total Income Of Rs.4,49,520/-. In The Course Of Assessment Proceedings, The Ao Noticed That There Were Several Cash Deposits In The Two Bank Accounts Of The Assessee. Out Of The Aforesaid Cash Deposits, The Ao Culled Out, The Deposits That Was Made Of Bank Notes That Were Declared As Not Legal Tender Owing To Demonetization Of Currency. The Details Of The Total Cash Deposits Made By The Assessee In Her Bank Account & The Cash Deposits Of Cash/Currency Notes That Were Declared As Not Page 2 Of 8

For Appellant: Shri. Raghavendra Chakravarthy, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel for the Department
Section 115BSection 68

SBNs are totaling to Rs 4,50 ,500/- which stands unexplained. Hence, the same is treated as unexplained cash credits u/s 68 of the Act in the books of account of the assessee and the same is required to be brought to tax. The assessee has accepted for the addition ... cash deposits are added under section 68 of the Act that will amount to double taxation once as sales and again as unexplained cash credit which is against the principles of taxation. It was also submitted that the assessee was having only one source of income from beedi, tea power

Mallika Iyengar, Bangalore vs. Income Tax Officer, Ward-6(3)(2), Bangalore

In the result, appeal of the assessee is allowed

ITA 512/BANG/2021[2017-18]Status: DisposedITAT Bangalore13 Dec 2021AY 2017-18

Bench: Shri N.V. Vasudevanassessment Year : 2017-18 Mallika Iyengar, Vs. Ito, No.405, 12Th Main, Rmv Extention, Ward – 6(3)(2), Sadhashivnagar, Bengaluru. Bengaluru – 560 080. Pan : Acopi 2387 J Assessee By : Shri. K. S. Nagesh, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel For The Department Date Of Hearing : 08.12.2021 Date Of Pronouncement : 13.12.2021 O R D E R Er N. V. Vasudevanthis Is An Appeal Filed By The Assessee Against Order Dated 12.08.2021 Of Cit(A) National Faceless Appeal Centre (Nfac), Delhi, Relating To Assessment Year 2017-18. 2. The Only Issue That Arises For Consideration In This Appeal Is As To Whether The Cit(A) Was Justified On Addition Of Rs.2 Lakhs & Rs.5 Lakhs Respectively Under Section 68 Of The Income Tax Act 1961. 3. The Assessee Is An Individual. She Is A Spinster & Lives With Her 86 Years Old Father. During The Previous Year Relevant To Assessment Year 2017- 18, The Assessee Deposited A Sum Of Rs.30 Lakhs In Cash In Her Bank A/C. The Source Of Funds For Cash Deposit To The Extent Of Rs.22 Lakhs Received From Assessee’S Father & Two Sisters Of Rs.13 Lakhs, Rs.4 Lakhs & Rs.5 Lakhs Was Accepted By The Ao. The Ao Did Not Accept The Explanation Of Source Of Cash Page 2 Of 5

For Appellant: Shri. K. S. Nagesh, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel for the Department
Section 133(6)Section 68

loan repayment from Sri Upendranath is disallowed and added to the income of the assessee u/s 68 of Income Tax Act as unexplained cash credit.” 10. The CIT(A) confirmed the order of the AO for the very same reasons. On this aspect, I find that Upendranath has acknowledged that

Ramesh Chand Investment & Leasing Pvt. Ltd., New Delhi vs. ACIT, Circle- 21(2), New Delhi

ITA 6009/DEL/2017[2004-05]Status: DisposedITAT Delhi07 Dec 2021AY 2004-05

Bench: Smt. Diva Singh & Shri R.K. Pandaassessment Year: 2004-05 Ramesh Chand Investment & Vs. Acit, Leasing Pvt. Ltd., Circle-21(2), 69/2A, Najafgarh Road Industrial New Delhi. Area, New Delhi. Pan:Aaccr3585Q (Appellant) (Respondent) Assessee By : None Revenue By : Shri Anilgandhi, Sr. Dr Date Of Hearing : 06.12.2021 Date Of Pronouncement : 07.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 1St March,2013 Of The Cit(A)-18, New Delhi, Relating To Assessment Year 2004-05. 2. None Appeared On Behalf Of The Assessee At The Time Of Hearing. No Application For Adjournment Of Hearing Has Been Filed. A Perusal Of The Order Sheet Entries Shows That No One Was Appearing On The Previous Occasions. Although Notices Have Been Sent By The Registry Through Rpad, Every Time The Same Was Returned By The Postal Authorities With The Remark ‘No Such Person In The Address.’ The Assessee Has Also Not Taken Any Step To Intimate The Change Of Address, If Any. Under These Circumstances, We Deem It Proper To Decide The Appeal On The Basis Of The Material Available On Record & After Hearing The Ld. Dr.

For Appellant: NoneFor Respondent: Shri AnilGandhi, Sr. DR
Section 143(2)Section 144Section 147Section 148

Income-tax Act, 1961. The creditworthiness of the depositors must be established to the satisfaction of the Assessing Officer, Where there is an unexplained cash credit it is open to the Assessing Officer to hold that it is the income of the assessee and no further burden lies