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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

Swipe Telecom LLP, Pune vs. DCIT Circle - 5, Pune

In the result, appeal of the assessee is allowed for statistical purposes

ITA 1911/PUN/2025[2013-14]Status: DisposedITAT Pune15 Dec 2025AY 2013-14

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं./Ita No. 1911/Pun/2025 धििेंारण वर्ा /Assessment Year: 2013-14 Swipe Telecom Llp, Dcit, Circle-5, Pune Unit No. T-3/T-4, Metro Pole Building, Next To Inox Vs. Theatre, Bundgarden Road, Camp, Pune-411001 Maharashtra Pan-Aarcs7202C अपीलेंर्थी / Appellant प्रत्यर्थी / Respondent Assessee By: Shri Mahavir Jain Department By: Shri Ganesh B. Budruk-Addl. Cit Date Of Hearing: 15-12-2025 Date Of Pronouncement: 18-12-2025 आदीश /Order Per Dr. Manish Borad:- This Appeal At The Instance Of Assessee Is Directed Against The Order Of Ld. Cit(A), Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 Dated 18.07.2024 Which Is Arising Out Of Assessment Order Passed U/S 143(3) Dated 28.03.2016 Of The Act.

For Appellant: Shri Mahavir JainFor Respondent: Shri Ganesh B. Budruk-Addl. CIT
Section 143(2)Section 143(3)Section 250Section 68

Senior Departmental Representative (DR) has not objected. 10. We therefore under the given facts and circumstances of the case restore the issue of unexplained cash credit u/s 68 of the Act at Rs. 46,00,000/- to the file of Ld. JAO for necessary examination in light of the details ... aside proceedings. We direct the Ld. JAO to carry out the set aside proceedings for the limited purpose of adjudicating the issue of unexplained cash credit of Rs. 46,00,000/- received by the assessee from alleged five cash creditors referenced above. Needless to mention that proper opportunity of hearing

Deputy Commssioner of Income Tax, Central Circle, 4(3), Kolkata vs. Privi Exports Private Limited, Kolkata

In the result, the appeal filed by the revenue is dismissed and cross-objection of the assessee is allowed for statistical purposes

ITA 1605/KOL/2025[2018-19]Status: DisposedITAT Kolkata12 Dec 2025AY 2018-19

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2018-19 Dcit, Central Circle-4(3), Kolkata…..……………….……….……….……Appellant Vs. Privi Exports Pvt. Ltd….………………………………….....……...…..…..Respondent Office No.2, Gf, 91A/1, Park Street, Kol-16. [Pan: Aaicp6253B] C.O. No.67/Kol/2025 (In Ita No.1605/Kol/2025) Assessment Year: 2018-19 Privi Exports Pvt. Ltd.….……………………. ….……….……….……Cross-Objector Office No.2, Gf, 91A/1, Park Street, Kol-16. [Pan: Aaicp6253B] Vs. Dcit, Central Circle-4(3), Kolkata...…………………....…..…………….Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee. Shri S B Chakraborthy, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : December 02, 2025 Date Of Pronouncing The Order : December 12, 2025 Order Per Pradip Kumar Choubey:

Section 131Section 133ASection 139Section 142(1)Section 143(2)Section 143(3)Section 250Section 68Section 69C

determining the total income of the assessee at Rs.2,24,12,240/- making additions in three grounds viz. a) unexplained cash credit u/s 68 of the Act in the form of bogus unsecured loan Rs.75,00,000/- and b) disallowance of relatable interest expenses against such aforesaid unsecured loan ... wherein the appeal of the assessee has been partly allowed by allowing the additions of Rs.75,00,000/- relating to unexplained cash credit u/s 68 of the Act and Rs.28,47,646/- relating to disallowance of relatable interest expenses against the unsecured loan u/s 69C of the Act but dismissed