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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

Assistant Commissioner of Income Tax, Chandigarh vs. Saraf the Jewellers, Punjab

Appeal stand dismissed

ITA 1592/CHANDI/2025[2019-20]Status: DisposedITAT Chandigarh10 Mar 2026AY 2019-20

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं. / Ita No.1230/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2019-20) Saraf The Jeweller Dcit / Acit (Central)-2 बनाम/ Sco 45, Pocket No.1 C.R. Building Nac Showroom, Manimajra Himalaya Marg, Vs. Chandigarh – 160101 Sector-17E, Chandigarh "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adafs-2345-B (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकरअपीलसं. / Ita No.1592/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2019-20) Dcit / Acit (Central)-2 Saraf The Jeweller बनाम/ C.R. Building Sco 45, Pocket No.1 Himalaya Marg, Nac Showroom, Manimajra Vs. Sector-17E, Chandigarh Chandigarh – 160101 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adafs-2345-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant Sh. Sudhir Sehgal (Advocate) & Sh. Sahil Ratra (Advocate) – Ld. Ars By : ""थ"कीओरसे/Respondent By : Sh. Abhishek Pal Garg (Cit) & Dr. Ranjit Kaur (Addl. Cit) – Ld. Drs सुनवाईकीतारीख/Date Of Hearing : 12.02.2026 घोषणाकीतारीख /Date Of Pronouncement 10.03.2026 : आदेश / O R D E R Per Bench 1.1 Aforesaid Cross-Appeals For Assessment Year (Ay) 2019-20Arises Out Of An Order Passed By Ld. Commissioner Of Income Tax (Appeals)-3

For Respondent: Sh. Abhishek Pal Garg (CIT) & Dr. Ranjit Kaur (Addl. CIT) –
Section 115BSection 132Section 153A(1)(b)Section 153DSection 65BSection 68

worked out to be Rs.350.16 Lacs which was further added to assessee’s income. 2.11 The last of the addition was addition of unexplained cash credit u/s 68 for Rs.232 Lacs. It transpired that the assessee obtained unsecured loans from various entities. After rejecting assessee’s submissions as well ... documentary evidences, Ld. AO made addition of unexplained cash credit u/s 68 as tabulated below: - No. Name of Amount of Repayment Repayment Documents furnished by the Lender Loan (Rs.) during AY during AY assessee 2020-21 2021-22 1. Shri Ajaib Rs.60.00 Lacs Copy of account, Assessee’s bank Singh

Saraf the Jewellers, Chandigarh vs. The Deputy/Assistant Commissioner of Income Tax Cen-2 Chandigarh, Chandigarh

Appeal stand dismissed

ITA 1230/CHANDI/2025[2019-20]Status: DisposedITAT Chandigarh10 Mar 2026AY 2019-20

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं. / Ita No.1230/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2019-20) Saraf The Jeweller Dcit / Acit (Central)-2 बनाम/ Sco 45, Pocket No.1 C.R. Building Nac Showroom, Manimajra Himalaya Marg, Vs. Chandigarh – 160101 Sector-17E, Chandigarh "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adafs-2345-B (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकरअपीलसं. / Ita No.1592/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2019-20) Dcit / Acit (Central)-2 Saraf The Jeweller बनाम/ C.R. Building Sco 45, Pocket No.1 Himalaya Marg, Nac Showroom, Manimajra Vs. Sector-17E, Chandigarh Chandigarh – 160101 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adafs-2345-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant Sh. Sudhir Sehgal (Advocate) & Sh. Sahil Ratra (Advocate) – Ld. Ars By : ""थ"कीओरसे/Respondent By : Sh. Abhishek Pal Garg (Cit) & Dr. Ranjit Kaur (Addl. Cit) – Ld. Drs सुनवाईकीतारीख/Date Of Hearing : 12.02.2026 घोषणाकीतारीख /Date Of Pronouncement 10.03.2026 : आदेश / O R D E R Per Bench 1.1 Aforesaid Cross-Appeals For Assessment Year (Ay) 2019-20Arises Out Of An Order Passed By Ld. Commissioner Of Income Tax (Appeals)-3

For Respondent: Sh. Abhishek Pal Garg (CIT) & Dr. Ranjit Kaur (Addl. CIT) –
Section 115BSection 132Section 153A(1)(b)Section 153DSection 65BSection 68

worked out to be Rs.350.16 Lacs which was further added to assessee’s income. 2.11 The last of the addition was addition of unexplained cash credit u/s 68 for Rs.232 Lacs. It transpired that the assessee obtained unsecured loans from various entities. After rejecting assessee’s submissions as well ... documentary evidences, Ld. AO made addition of unexplained cash credit u/s 68 as tabulated below: - No. Name of Amount of Repayment Repayment Documents furnished by the Lender Loan (Rs.) during AY during AY assessee 2020-21 2021-22 1. Shri Ajaib Rs.60.00 Lacs Copy of account, Assessee’s bank Singh

Mitesh Suresh Shah, Mumbai vs. ITO International Taxation Ward 4(2)(1), Mumbai

In the result, the appeal filed by the assessee stands partly allowed with no order as to cost

ITA 5593/MUM/2025[2016-17]Status: DisposedITAT Mumbai10 Mar 2026AY 2016-17

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Shri Prabhash Shankarmitesh Suresh Shah Vs. Ito-International Tax 401, 4Th Floor, Blue Heaven, Ward-4(2)(1), Mumbai Nehru Road, Vakola, Kautilya Bhavan, Pipeline, Santacruz (East), Bandra Kurla Complex, Mumbai-400055 Bandra (East), Mumbai- 400051 Pan/Gir No. Auxps9395K (Applicant) (Respondent) Assessee By Ms. Dinkle Hariya, Adv. Revenue By Shri Krishna Kumar (Sr. Dr.) Date Of Hearing 11.02.2026 Date Of Pronouncement 10.03.2026 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order Dated 29.03.2022 Passed U/S 144C Of The Income Tax Act, 1961 (‘The Act’), By The Office Of The Income Tax Officer Ward 4(2)(1), Mumbai For The Assessment Year 2016-17. The Following Grounds Are Reproduced Below: “1. The Order Is Bad In Law, Illegal & Without Jurisdiction

Section 144CSection 147Section 68

WITHOUT PREJUDICE TO THE ABOVE: 4 Mitesh Suresh Shah 5. ADDITION OF Rs. 71,05,040/- u/s. 68 OF THE ACT AS ALLEGED UNEXPLAINED CASH CREDIT 5.1 It is submitted that, in the facts and circumstances of the case and in law, the A.O. erred in making addition ... alleged sale consideration of share transactions carried out by another "Mr. Mitesh Shah' by misusing the PAN of the Appellant as alleged unexplained cash credit in the name of the Appellant. 5.2 While doing so, the A.O./Ld. DRP erred in: (1) Basing his action only on surmises, suspicion

N N M Securities Private Limited, Mumbai vs. Assessing Officer, National Faceless Assessment Centre

In the result, the Assessee’s Appeal is allowed for statistical purposes

ITA 1506/MUM/2025[2013-2014]Status: DisposedITAT Mumbai09 Mar 2026AY 2013-2014

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2013-14 Nnm Securities Private Assessing Officer, Limited, 1111, Stock Mumbai, Maharashtra – Vs. Exchange Tower, Dalal 400020. Street, Maharashtra - 400023. (Appellant) (Respondent) Pan: Aaacn 8070 G Present For: Assessee By : Shri Hansaraj Sanghavi Revenue By : Shri.Leyaqat Ali Aafaqui, (Sr.A.R) Date Of Hearing : 09.01.2026 Date Of Pronouncement : 09.03.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 02.01.2025, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2013-14. 2. In This Case, The Assessee Had Declared Its Income At Rs.12,41,210/- By Filing Its Return Of Income On Dated 28.09.2013 Which Was Processed & Completed U/S 143(3) Of The Act, On 17.02.2016. Thereafter The Following Information Was Received By The Assessing Officer.

For Appellant: Shri Hansaraj SanghaviFor Respondent: Shri.Leyaqat Ali Aafaqui, (SR.A.R)
Section 143(3)Section 144Section 144B(1)(xi)Section 147Section 148Section 250Section 68

Assessing Officer in the absence of relevant submissions/documents and in the constrained circumstances, ultimately made the addition of Rs.1,91,00,000/- being unexplained cash credit u/s. 68 of the Act, and as a accommodation entry taken by the Assessee from M/s. Fragrant Multi Trading Private Limited through M/s. Hitendra