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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

Deputy Commissioner of Income Tax, Central Circle-4(3), Kolkata vs. Raja Shelters Private Limited, Kolkata

ITA 1176/KOL/2025[2014-15]Status: DisposedITAT Kolkata18 Sept 2025AY 2014-15

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1174 & 1176/Kol/2025 Assessment Years: 2011-12 & 2014-15 Dcit, Central Circle-4(3), Kolkata.……………………….……….……….……Appellant Vs. Raja Shelters Pvt. Ltd…………………….…………………….....……...…..…..Respondent 25A, S. P. Mukherjee Road, Kol- 700025. [Pan: Aadcr5073Q] Appearances By: Shri Sanat Kr. Raha, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 11, 2025 Date Of Pronouncing The Order : September 18, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Revenue For The Assessment Years 2011-12 & 2014-15 Against Separate Orders Dated 27.02.2025 & 28.02.2025 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order.

Section 127Section 132Section 133ASection 139Section 142(1)Section 143(2)Section 153ASection 250Section 271(1)(c)Section 68

From the assessment order, it is observed that the AO had made single addition of Rs.60,00,000/- for unexplained cash credit u/s 68 of the Act on account of amount received by the assessee in terms of share application money. Raja Shelters Pvt. Ltd 3. Aggrieved by the said ... find that the Assessing Officer has made an addition of Rs.60,00,000/- treating the amount received against share subscription as unexplained cash credit. Going over the order passed by the ld. CIT(A), we find that in the course of appellate proceedings, the assessee submitted all the requisite information

Deputy Commissioner of Income Tax, Central Circle-4(3), Kolkata vs. Raja Shelters Private Limited, Kolkata

ITA 1174/KOL/2025[2011-12]Status: DisposedITAT Kolkata18 Sept 2025AY 2011-12

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1174 & 1176/Kol/2025 Assessment Years: 2011-12 & 2014-15 Dcit, Central Circle-4(3), Kolkata.……………………….……….……….……Appellant Vs. Raja Shelters Pvt. Ltd…………………….…………………….....……...…..…..Respondent 25A, S. P. Mukherjee Road, Kol- 700025. [Pan: Aadcr5073Q] Appearances By: Shri Sanat Kr. Raha, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 11, 2025 Date Of Pronouncing The Order : September 18, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Revenue For The Assessment Years 2011-12 & 2014-15 Against Separate Orders Dated 27.02.2025 & 28.02.2025 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order.

Section 127Section 132Section 133ASection 139Section 142(1)Section 143(2)Section 153ASection 250Section 271(1)(c)Section 68

From the assessment order, it is observed that the AO had made single addition of Rs.60,00,000/- for unexplained cash credit u/s 68 of the Act on account of amount received by the assessee in terms of share application money. Raja Shelters Pvt. Ltd 3. Aggrieved by the said ... find that the Assessing Officer has made an addition of Rs.60,00,000/- treating the amount received against share subscription as unexplained cash credit. Going over the order passed by the ld. CIT(A), we find that in the course of appellate proceedings, the assessee submitted all the requisite information

Deputy Commissioner of Income Tax, Central Circle-4(3), Kolkata vs. Raja Shelters Private Limited, Kolkata

In the result, both the captioned appeals of the revenue are dismissed

ITA 1173/KOL/2025[2009-10]Status: DisposedITAT Kolkata18 Sept 2025AY 2009-10

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1173 & 1175/Kol/2025 Assessment Years: 2009-10 & 2013-14 Dcit, Central Circle-4(3), Kolkata.……………………….……….……….……Appellant Vs. Raja Shelters Pvt. Ltd…………………….…………………….....……...…..…..Respondent 25A, S. P. Mukherjee Road, Kol- 700025. [Pan: Aadcr5073Q] Appearances By: Shri Sanat Kr. Raha, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 11, 2025 Date Of Pronouncing The Order : September 18, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Revenue For The Assessment Years 2009-10 & 2013-14 Against Separate Orders Dated 21.02.2025 & 25.02.2025 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order.

Section 127Section 132(1)Section 133ASection 139Section 142(1)Section 143(2)Section 153ASection 250Section 68

assessment order, it is observed that the AO had made single addition of Raja Shelters Pvt. Ltd Rs. 15,00,000/- for unexplained cash credit u/s 68 of the Act on account of amount received by the assessee in terms of share application money. 3. Aggrieved by the said order ... present case, the amount received from share subscription for Rs.15,00,000/- was added u/s 68 of the Act as unexplained cash credit. It is not in dispute that in the search proceedings, no incriminating material relating to issuance of share subscription was found. It appears from the record that

Vasudhevan Muralidharan, Erode vs. ITO, Ward-1(1), Erode

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

ITA 1980/CHNY/2025[2018-19]Status: DisposedITAT Chennai18 Sept 2025AY 2018-19

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 1980/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Shri Vasudhevan The Income Tax Officer, Muralidharan, Vs. Ward 1(1), 25, Bangalore Ayyengar Bakery, Erode 1St Street, Varnapuram, Bhavani – 638 302. Pan: Bnrpm 8315H (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri T.S.Lakshmi Venkataraman, F.C.A ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam,Jcit सुनवाई क" तारीख/Date Of Hearing : 16.09.2025 घोषणा क" तारीख/Date Of Pronouncement : 18.09.2025

For Appellant: Shri T.S.Lakshmi VenkataramanFor Respondent: Ms. Gouthami Manivasagam,JCIT
Section 115BSection 142(1)Section 143(2)Section 143(3)Section 250Section 54FSection 68

whether the First Appellate Authority (FAA) is justified in confirming the addition made by the AO amounting to Rs.3,79,33,429/- as unexplained cash credit u/s.68 of the Act. 3. Brief facts of the case are as follows: The assessee is an individual engaged in the business of manufacturing ... completed u/s.143(3) r.w.s.144B of the Act vide order dated 26.04.2021 wherein, he made an addition of Rs.3,79,33,429/- as unexplained cash credit u/s.68 of the Act. The AO also applied :- 3 -: special rate of taxation u/s.115BBE of the Act. The relevant finding of the AO reads

Asha Himmat Bhadra, Mumbai vs. DCIT -Circle 32(1), Mumbai

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

ITA 4764/MUM/2025[2017-18]Status: DisposedITAT Mumbai18 Sept 2025AY 2017-18

Bench: Shri Narender Kumar Choudhryassessment Year: 2017-18 Ms. Asha Himmat Bhadra, Dcit – Circle 32(1) 401 Beach Apartment, Kautilya Bhavan, Balraj Sahani Road, Bandra Kurla Complex, Near Novotel Hotel, Vs. Bandra (East) Juhu, Mumbai, Mumbai, Mumbai Maharashtra– 400 051 Maharashtra – 400 049 Pan: Aabpb7076J (Appellant) (Respondent) Present For: Assessee By : Shri Vimal Punmiya, Ld. A.R. Revenue By : Shri Kiran K. Chhatrapati, Ld. Sr. Dr Date Of Hearing : 18.09.2025 Date Of Pronouncement : 18.09.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 13.03.2025, Impugned Herein, Passed By The Ld. Addl./Joint Commissioner Of Income Tax (Appeals) (In Short “Ld. Commissioner”) Under Section 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2017-18. 2. Though In The Instant Case, Both The Parties Have Filed Adjournment Applications, However, This Court Observes That The Impugned Order Is An Ex-Parte & Therefore It Would Be Appropriate To Dismiss The Adjournment Requests & To Proceed With The Case To Decide The Same. Thus, The Adjournments Requests Are Declined & Case Is Proceeded With.

For Appellant: Shri Vimal Punmiya, Ld. A.RFor Respondent: Shri Kiran K. Chhatrapati, Ld. Sr. DR
Section 143(3)Section 250Section 251(1)(a)Section 251(2)Section 68

Assessing Officer (AO) vide assessment order dated 15.12.2019 u/s 143(3) of the act, has made the addition of Rs.8,21,012/- being unexplained cash credit u/s 68 of the Act. 5. The Assessee being aggrieved though challenged the said addition by filing first appeal before the Ld. Commissioner, however