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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

M/S. Hhp Hospital Pvt. Ltd., Kolkata vs. DCIT, Circle 11(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 280/KOL/2025[2012-13]Status: DisposedITAT Kolkata19 Sept 2025AY 2012-13

Bench: Shri Manjunatha G & Shri Sonjoy Sarmam/S Hhp Hospital Private Ltd, Vs Dcit, Circle-11(1), Kolkata 2406, Garia Main Road, Kolkata-700084 Pan No. Aabch 2642 B (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By : Shri Sunil Surana, Ar रधजस्व की ओर से /Revenue By : Shri Kapil Mandal, Addl.Cit-Sr. Dr सुनवाई की तारीख / Date Of Hearing : 18/09/2025 घोषणा की तारीख/Date Of Pronouncement : 19/09/2025 आदेश / O R D E R Per Manjunatha G, Am: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 04.01.2024 Pertaining To Assessment Year 2012-2013. 2. At The Outset, We Note That The Appeal Of The Assessee Is Barred By Limitation By 313 Days, For Which Condonation Petition Is Filed. At The Time Of Hearing The Counsel Of The Assessee Explained The Reason For Delay In Filing The Appeal. The Ld. A.R Did Not Raise Any Objection In Condoning The Delay.

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Kapil Mandal, Addl.CIT-Sr. DR
Section 131Section 68

parties, thus, rejected the submissions of the assessee and made additions of Rs.1,92,00,000/- u/s.68 of the Act as unexplained cash credit towards share capital and share premium received from the above three companies. 5. Aggrieved by the assessment order, the assessee preferred an appeal before the ld.CIT ... relevant facts, rejected the explanation of the assessee and sustained the addition made by the Assessing Officer towards share capital and premium as unexplained cash credit u/s.68 of the Act. 6. Ld. counsel for the assessee submitted that the assessee filed all the documentary evidence to prove the identity

Income Tax Officer, Mumbai vs. Akshay Automobiles Pvt Ltd, Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 4309/MUM/2025[2012-13]Status: DisposedITAT Mumbai19 Sept 2025AY 2012-13

Bench: Shri Vikram Singh Yadav & Shri Anikesh Banerjeeassessment Year : 2012-13 Income Tax Officer, Akshay Automobiles 129, Aayakar Bhavan, Private Limited, Mumbai-400020. Vs. 1, 2 William Compound, 33 Marve Road, Mith Chowke, Malad (East), Mumbai-400064. Pan : Aafca3582P (Appellant) (Respondent) For Assessee : None For Revenue : Shri Surendra Mohan, Sr.Dr Date Of Hearing : 18-09-2025 Date Of Pronouncement : 19-09-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 18-04-2025, Pertaining To Assessment Year (Ay) 2012-13, Wherein The Revenue Has Taken The Following Grounds Of Appeal:

For Appellant: NONEFor Respondent: Shri Surendra Mohan, Sr.DR
Section 143(2)Section 144Section 251(1)(a)Section 68

order, proceeded with the addition of the difference between the closing and the opening balance of the unsecured loan as unexplained cash credit u/s. 68 of the Act. 5.2 During the appellate proceedings, the appellant has submitted the following details to explain the issue related to the unsecured loans ... case of the appellant, it is noted that the AO has added a sum of Rs. 2,85,56,973/- as unexplained cash credit on account of the difference of unsecured loan amount standing in the Balance Sheet of the appellant as of 31.03.2011 and 31.03.2012. Therefore, firstly