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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

Prominent Tradelink Pvt. Ltd., Kolkata vs. ITO, Ward 15(2), Kolkata

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

ITA 1627/KOL/2025[2012-2013]Status: DisposedITAT Kolkata10 Dec 2025AY 2012-2013

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2012-13 Prominent Tradelink Pvt. Ltd..……..………………….……….……….……Appellant 62, Phears Lane, Kol – 700073.. [Pan: Aaecp7665B] Vs. Ito, Ward-15(2), Kolkata…………...…………………….....……...…..…..Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Appellant. Shri S. B. Chakraborthy, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2025 Date Of Pronouncing The Order : December 10, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.06.2025 Of The Cit(Appeal)-51, Mumbai (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2012–13. 2. Brief Facts Of The Case Are That In This Case, The Assessee Filed Original Return Of Income On 12.12.2012 Claiming A Total Income Of Rs. 13,230/-. The Case Was Taken Up For Scrutiny & Various Statutory Notices Issued. The Assessing Officer Observed That The Assessee Has Taken Unsecured Loan Of Rs.1,11,42,174/- During The Assessment Year. Due To Prolonged Non-Compliance On The Part Of The Assessee To Verify The Loan Transaction, The Assessing Officer Treated The Same As Unexplained Cash Credit U/S 68 Of The Act & Added This To The Total Income Of The Assessee. Prominent Tradelink Pvt. Ltd 3. Aggrieved By The Said Order, The Assessee Preferred An Appeal Before The Ld. Cit(A) Wherein The Appeal Has Been Dismissed By Passing An Ex Parte Order As There Was No Compliance On Behalf Of The Assessee On Different Dates Fixed By The Ld. Cit(A).

Section 250Section 68

prolonged non-compliance on the part of the assessee to verify the loan transaction, the Assessing Officer treated the same as unexplained cash credit u/s 68 of the Act and added this to the total income of the assessee. Prominent Tradelink Pvt. Ltd 3. Aggrieved by the said order

Shri Gajanan Nagari Sahakari Patsanstha Maryadit, Satara vs. ITO, Ward-1(1), Kolhapur

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2077/PUN/2025[2020-21]Status: DisposedITAT Pune09 Dec 2025AY 2020-21

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2077/Pun/2025 िनधा"रण वष" / Assessment Year : 2020-21 Shri Gajanan Nagari Vs. Ito, Ward-1(1), Sahakari Patsanstha Kolhapur. Maryadit, Malakpur, Tal- Karad, Dist.- Satara, Karad- 415110. Pan : Aabas8429B Appellant Respondent Assessee By : None Revenue By : Shri Vinod Pawar Date Of Hearing : 28.10.2025 Date Of Pronouncement : 09.12.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 04.07.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1) Ground No. 1- Addition Of Rs. 2,14,62,523/- As Unexplained Cash Credit (U/S 68) On The Facts & Circumstances Of The Case & In Law, The Learned Ao Erred In Making An Addition Of Rs. 2,14,62,523/- On Account Of Unexplained Unsecured Loans Without Considering The Nature Of Deposits.

For Appellant: NoneFor Respondent: Shri Vinod Pawar
Section 143(3)Section 68Section 80PSection 80P(2)(a)Section 80P(2)(d)

appellant has raised the following grounds of appeal :- “1) GROUND NO. 1- Addition of Rs. 2,14,62,523/- as Unexplained Cash Credit (U/s 68) On the facts and circumstances of the case and in law, the learned AO erred in making an addition ... from members and providing loans is the regular business of the society. The deposits are part of the core operational funds and not unexplained cash credits. The learned AO wrongly considered the increase in deposits as unexplained unsecured loans and made an addition of Rs. 2,14,62,523/-. Prayer