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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

Rupam Dubey, Bijnor vs. ITO, Bijnor

In the result, the Assessee’s appeal is allowed

ITA 3396/DEL/2025[2018-19]Status: DisposedITAT Delhi12 Sept 2025AY 2018-19

Bench: Shri Mahavir Singhasstt. Year : 2018-19 Rupam Dubey, Vs. Ito-3(3), Bijnor-1, Hn 378, Ram Bagh Colony, Bijnor, Up Bijnor, Uttar Pradesh (Pan: Aqupd8074F) (Appellant) (Respondent) Appellant By : Sh. Jyoti Kumar Agarwal, Ca Respondent By : Sh. Manoj Kumar, Sr. Dr. Date Of Hearing 03.09.2025 Date Of Pronouncement 12.09.2025 Order This Appeal By The Assessee Is Emanating From The Order Of The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi Dated 18.03.2025 Pertaining To Assessment Year 2018-19 On The Solitary Issue Of Addition Of Rs. 3,50,000/-. 2. Heard Both The Sides & Perused The Records. 3. Brief Facts Of The Case Are That Ao In The Assessment Proceedings Noted That There Was Information In The Insight Portal That Large Amount Of Cash Was Deposited In The Assessee’S Saving Bank Account & The Case Was Reopened U/S. 147 By Issuance Of Notice U/S. 148 Of The Act On 30.3.2022. The Ao Also Noted That The Assessee Filed Original Return Of Income On 01.09.2018 Declaring A Total Income Of Rs. 7,40,370/- & In Response To Notice U/S. 148 On 16.1.2023 Declaring The Same

For Appellant: Sh. Jyoti Kumar Agarwal, CAFor Respondent: Sh. Manoj Kumar, Sr. DR
Section 147Section 148Section 68

that the daughter of the assessee had no creditworthiness to gift to the assessee and added the sum of Rs.3,50,000/- an unexplained cash credit u/s. 68 of the Act and completed the assessment u/s. 147 of the Act. Aggrieved with the action of the AO, assessee preferred

Bharat Kumar, Chennai vs. ITO, Ncw-4(5), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 784/CHNY/2025[2016-17]Status: DisposedITAT Chennai11 Sept 2025AY 2016-17

Bench: Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.784/Chny/2025 िनधा"रण वष"/Assessment Year: 2016-17 Bharat Kumar, Vs. The Income Tax Officer, No. 152, 10Th Street, Deber Nagar, Non Corporate Ward 4(5), Vyasarpadi 600 039,Chennai. Chennai 600 006. [Pan:Bfhpb6487D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R.S. Hithesh, Advocate For Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Ms. V. Aswathy, Jcit सुनवाई की तारीख/ Date Of Hearing : 02.09.2025 घोषणा की तारीख /Date Of Pronouncement : 11.09.2025 आदेश /O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.02.2025 Passed By The Addl/Jcit(A)-1, Bengaluru For The Assessment Year 2016-17. 2. The Ld. Ar Shri R.S. Hithesh, Advocate Placed On Record Memo Of Additional Ground & Requested To Take Up The Said Additional Ground As Preliminary Issue. After Hearing Both The Parties, I Am Inclined To Treat The Additional Ground As Preliminary Issue.

For Appellant: Shri R.S. Hithesh, Advocate for Shri D. Anand, AdvocateFor Respondent: Ms. V. Aswathy, JCIT
Section 133(6)Section 68Section 69

section 69 of the Income Tax Act, 1961 [“Act” in short] as unexplained investment into one under section 68 of the Act as unexplained cash credit, thereby travelled beyond the scope of the assessment order and renders the impugned order unsustainable. The ld. AR referred to para ... submits that the ld. CIT(A) travelled beyond the scope of assessment order and directed the Assessing Officer to bring the addition under unexplained cash credit under section 68 of the Act. He placed on record order of this Tribunal in the case of Smt. Sekar Jayalakshmi

I.Y. Construction, Mumbai vs. ITO-17(2)(1), Mumbai

In the result, appeal of the assessee is allowed for statistical purposes, in terms of our aforesaid observations

ITA 732/MUM/2025[2010-2011]Status: DisposedITAT Mumbai11 Sept 2025AY 2010-2011

Bench: Shri Amit Shukla & Shri. Arun Khodpiaआयकर अपील सं./Ita No. 732/Mum/2025 (निर्धारण वर्ा / Assessment Year: 2010-11) I. Y. Constructions, V/S. Income Tax Officer Ward बिधम First Floor, Room No. 13, 17(2)(1) Shirin Mansion, Kautilya Bhavan, Bkc 14, Kolsa Cross Lane, Mumbai, Maharashtra, Pydhonie, Mumbai - 400051 400003 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No: Aaafi0442G Appellant/अपीलधथी .. Respondent/प्रनिवधदी Assessee By: Shri Prashant Ghumare Revenue By: Shri. R A Dayani, (Cit Dr) Date Of Hearing 09.09.2025 Date Of Pronouncement 11.09.2025 आदेश / O R D E R Per Arun Khodpia, Am:- This Appeal Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax Appeal, Addl/Jcit (A)-4 Bengaluru, (In Short “Ld Addl/Jcit(A)’) Dated 27.11.2024 For The Assessment Year 2010-11, Which In Turn Arises From The Order U/S. 143(3) R.W.S. 153A Of The Income-Tax Act (In Short ‘The Act’) Dated 30.12.2016 Passed By Ito, W-17(2)(1) (In Short ‘Ld. Ao’).

For Appellant: Shri Prashant GhumareFor Respondent: Shri. R A Dayani, (CIT DR)
Section 132Section 143(3)

project could not succeed to initiate and hence the loan reverted back. However, the Ld. A.O. treated this loan of Rs.1.00 crore as unexplained cash credit and added to the total income of the assessee. 4. Aggrieved with the addition by Ld. AO, assessee preferred an appeal before