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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

DCIT, Central Circle-1(1), Kolkata vs. Bentec India Limited, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 1776/KOL/2025[2014-15]Status: DisposedITAT Kolkata17 Dec 2025AY 2014-15

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2014-15 Dcit, Central Circle -1(1), Kolkata.…..………………….……….……….……Appellant Vs. Bentec India Ltd………………. ………..…………...……………………..…..Respondent Phase-Ii, Kasba Industrial Estates, Plot No.11, Kol-700107.. [Pan: Aabcb0647G] Appearances By: Pradeep Dung Dung, Sr. Dr, Appeared On Behalf Of The Appellant. Manish Tiwari, Fca Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 02, 2025 Date Of Pronouncing The Order : December 17, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Revenue Is Directed Against The Order Dated 26.11.2024 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2014–15. 2. The Appeal Has Been Filed By The Revenue With A Delay Of 186 Days. The Revenue Has Filed A Petition For Condonation Of The Delay. After Considering The Reasons Cited In The Petition For Condonation Of Delay, We Find That The Reasons Are Valid & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 132(1)Section 133ASection 139Section 142(1)Section 143(2)Section 143(3)Section 14ASection 153ASection 250Section 68

completed the search assessment u/s 153A/143(3) determining the assessed income at Rs. 4,62,76,370/- by making the certain additions i.e. unexplained cash credit u/s. 68 in respect of bogus loans of Rs. 28,00,000/-, disallowance of expenses towards interest on TDS, penalty

Beekay Vanijya Pvt. Ltd., Kolkata vs. D.C.I.T., Circle - 7(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1315/KOL/2025[2014-2015]Status: DisposedITAT Kolkata17 Dec 2025AY 2014-2015

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2014-15 Beekay Vanijya Pvt. Ltd.…..…………………….……….….……….……Appellant 15, Dr. U N Brahmachari Street, Kol – 700017.. [Pan: Aabcb1093Q] Vs. Dcit, Circle -7(1), Kolkata ………..…………...……………………..…..Respondent Appearances By: Miraj D Shah, Ar, Appeared On Behalf Of The Appellant. Manas Mondal, Addl. Cit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 16, 2025 Date Of Pronouncing The Order : December 17, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.05.2025 Of The Nfac, Delhi [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”). 2. Brief Facts Of The Case Are That The Assessee Filed The Return Of Income For Ay 2014-2015 Declaring An Income Of Rs.88,37,270/- & Was Assessed To An Income Of Rs.4,55,31,490/-. The Assessing Officer Passed Assessment Order In The Case Of The Assessee By Making The Following Additions /Disallowances:

Section 133(6)Section 250Section 68

Section 68 of the Income Tax Act, 1961 on account of unsecured loan from shell companies amounting to Rs.3,00,00,000/- as unexplained cash credit without appreciating the materials brought on record and facts evaluated by the Assessing Officer in the Assessment Order ? ii) Whether the Learned Income

Gayathri Global Resources Private Limited, Jamshedpur vs. ITO Ward (1), Jamshedpur

In the result, both the appeals are allowed for statistical purposes

ITA 96/RAN/2025[2014-15]Status: DisposedITAT Ranchi16 Dec 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.456/Ran/2024 Assessment Year: 2013-14 Gayatri Global Pvt. Ltd …………….…….…............................……….……Appellant 153, Kamani Centre, Bistupur, Jharkhand-831001. [Pan: Aadcg3732B] Vs. Nfac, New Delhi…….....………...….…..….........……........……...…..…..Respondent I.T.A. No.96/Ran/2025 Assessment Year: 2014-15 Gayatri Global Pvt. Ltd …………….…….…............................……….……Appellant 153, Kamani Centre, Bistupur, Jharkhand-831001. [Pan: Aadcg3732B] Vs. Nfac, New Delhi…….....………...….…..….........……........……...…..…..Respondent Appearances By: Shri Manish Agarwal, Ca, Appeared On Behalf Of The Appellant. Shri Sumit Dasgupta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 11, 2025 Date Of Pronouncing The Order : December 16, 2025 Order Per Sonjoy Sarma: These Two Appeals Are Filed By The Assessee For The Assessment Years 2013–14 & 2014–15. Since The Issues Involved, The Assessment Proceedings & The Additions Made Are Common & On Identical Issues, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order. For The Sake Of Convenience, We First Take Up

Section 115BSection 144Section 147Section 148Section 68

books of account and invoked the provisions of section 68 of the Act. Consequently, the amount of ₹37,44,600 was treated as unexplained cash credit and added to the total income of the assessee. Further, due to non-compliance with statutory notices, the Assessing Officer completed the assessment under

Gayatri Global Private Limited, Jamshedpur vs. National Faceless Assessment Centre, New Delhi

In the result, both the appeals are allowed for statistical purposes

ITA 456/RAN/2024[2013-14]Status: DisposedITAT Ranchi16 Dec 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.456/Ran/2024 Assessment Year: 2013-14 Gayatri Global Pvt. Ltd …………….…….…............................……….……Appellant 153, Kamani Centre, Bistupur, Jharkhand-831001. [Pan: Aadcg3732B] Vs. Nfac, New Delhi…….....………...….…..….........……........……...…..…..Respondent I.T.A. No.96/Ran/2025 Assessment Year: 2014-15 Gayatri Global Pvt. Ltd …………….…….…............................……….……Appellant 153, Kamani Centre, Bistupur, Jharkhand-831001. [Pan: Aadcg3732B] Vs. Nfac, New Delhi…….....………...….…..….........……........……...…..…..Respondent Appearances By: Shri Manish Agarwal, Ca, Appeared On Behalf Of The Appellant. Shri Sumit Dasgupta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 11, 2025 Date Of Pronouncing The Order : December 16, 2025 Order Per Sonjoy Sarma: These Two Appeals Are Filed By The Assessee For The Assessment Years 2013–14 & 2014–15. Since The Issues Involved, The Assessment Proceedings & The Additions Made Are Common & On Identical Issues, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order. For The Sake Of Convenience, We First Take Up

Section 115BSection 144Section 147Section 148Section 68

books of account and invoked the provisions of section 68 of the Act. Consequently, the amount of ₹37,44,600 was treated as unexplained cash credit and added to the total income of the assessee. Further, due to non-compliance with statutory notices, the Assessing Officer completed the assessment under

Neelam Sanjay Mehta, Mumbai vs. NFAC, Delhi

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

ITA 5859/MUM/2024[2015-16]Status: DisposedITAT Mumbai16 Dec 2025AY 2015-16

Bench: Shri Narender Kumar Choudhry (Jm) A N D Shri Prabhash Shankar (Am) Smt. Neelam Sanjay Mehta Ito, Ward 19(2)(4), 2/78-80, Gora Gandhi Building, C.P. Mumbai/ Nfac, Delhi Tank Road Vs. Mumbai-400 004. Pan : Ayzpm8574E Appellant Respondent Assessee By : Shri Vimal Punmiya, Ld. Ca Revenue By : Shri Leyaqat Ali Aafaqui, Ld. Sr. Dr Date Of Hearing : 01/10/2025 Date Of Pronouncement : 17/12/2025 O R D E R Per Narender Kumar Choudhry (Jm) :- This Appeal Has Been Preferred By The Assessee Against The Order Dated 20.9.2024 Impugned Herein Passed By The Learned Commissioner Of Income Tax/Nfac, Delhi (In Short Ld. Commissioner) Under Section 250 Of The Income Tax Act, 1961 (In Short ‘Act’) For A.Y. 2015-16. 2. In The Instant Case, The Assessee Being An Individual Deriving Income From Salary, House Property, Capital Gain & Other Sources Had Declared Her Total Income At Rs. 4,63,750/- By Filing Her Return Of Income On Dated 1.9.2015 For The Assessment Year Under Consideration. Subsequently, Case Of The Assessee Was Reopened Under Section 147 Of The Act, With The Reason That The Assessee Is One Of The Beneficiaries, Who Has Made Sale Of Shares, Wherein Trading Quantity Is Higher Than ‘Buy Trades Quantity’ Of The Scrip M/S. Toyam Industries Ltd. To The Tune Of Rs. 1,99,12,777/- & Accordingly, Statutory Notices Were Issued To The Assessee. In Response To Which, The Assessee Filed Relevant Details & The Documents, Such As Purchase Documents, Sale Contract Note, Bank Statement Etc. Qua Purchase & Sale Of Shares Of Scrip Namely M/S. Toyam Industries Ltd. .

For Appellant: Shri Vimal Punmiya, Ld. CAFor Respondent: Shri Leyaqat Ali Aafaqui, Ld. Sr
Section 10(38)Section 147Section 155BSection 250Section 68

scrip. 4. The Assessing Officer thus on the aforesaid observations, ultimately treated the amount of Rs. 1,99,12,777/- as unexplained cash credit under section 68 of the Act and accordingly taxed the same under section 155BBE of the Act. 5. The assessee being aggrieved, challenged the said disallowance/addition ... wrong in deleting the addition made by the Assessing Officer (A.O.) in respect of long term capital gain treated by A.O. as unexplained cash credit under section 68 of the Act. 3. Respondent had shown sale proceeds of shares in scrip Ramkrishna Fincap Ltd. (RFL) as long term capital gain