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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

Income Tax Officer, Ludhiana vs. Anup Bansal, Ludhiana

In the result, Revenue’s appeal is dismissed

ITA 671/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh01 Sept 2025AY 2017-18

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 671/Chd/2024 "नधा"रण वष" / Assessment Year : 2017-18 The Ito, Sh. Anoop Bansal, Ward-1(5), बनाम Motia Marvel, Ludhiana Barewal Road, Backside, Vs. Gurudev Hospital, Ludhiana "थायी लेखा सं./ Pan No: Ahgpb5674C अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : None राज"व क" ओर से/ Revenue By : Smt. Geetinder Mann, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 16.07.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 01.09.2025 आदेश/Order Per Krinwant Sahay, Am : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 09.04.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For A.Y. 2017-18. 2. Grounds Of Appeal Are As Under:

For Appellant: NoneFor Respondent: Smt. Geetinder Mann, CIT DR
Section 115BSection 143Section 156Section 37Section 68

genuine. 2. That the Ld. CIT(A), Ludhiana erred on facts and law, in deleting addition of Rs. 4,69,65,500/- as unexplained cash credit u/s 68 of the IT. Act, 1961 and taxed as per provision of section 115BBE of the Act as the source of unexplained cash ... appeal on this issue is dismissed. 7. Appeal on ground No.2 is against the addition of Rs. 4,69,65,500/- as unexplained cash credit u/s 68 of the Income Tax Act, 1961 and taxed as per the provisions of section 115BBE of the Act as the source of unexplained

Mr. Ashish Arora, Ludhiana vs. DCIT, Ludhiana

In the result, appeal of the Assessee is dismissed

ITA 1152/CHANDI/2014[2010-11]Status: DisposedITAT Chandigarh01 Sept 2025AY 2010-11

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 1152/Chd/2014 "नधा"रण वष" / Assessment Year : 2010-11 Mr. Ashish Arora, The Dcit B-2, Kitchlu Nagar, बनाम Circle Iii, Ludhiana Rishi Nagar, Vs. Ludhiana "थायी लेखा सं./ Pan No: Adkpa1111B अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Sh. Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Sh. Manav Bansal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 07.07.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 01.09.2025 आदेश/Order Per Krinwant Sahay, Am : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 19.02.2014 Passed By The Ld. Commissioner Of Income Tax (Appeals)-1. Ludhiana [Herein Referred To As Cit(A)]. The Captioned Appeal Was Dismissed For Non-Prosecution Vide Order Dated 26.7.2016 But Later On The Assessee Filed A Misc. Application Which 1152-Chd-2014 Ashish Arora, Ludhiana 2

For Appellant: Sh. Sudhir Sehgal, AdvocateFor Respondent: Sh. Manav Bansal, CIT DR
Section 133(6)Section 143(3)Section 36(1)(iii)Section 68

unexplained cash introduced in the 1152-Chd-2014 Ashish Arora, Ludhiana 7 books. The same, in the absence of any explanation, is unexplained cash credit u/s 68 of the Income Tax Act, 1961 and is liable to be deemed to the income of the assessee. Accordingly the amount

Dy. Commissioner of Income Tax, Noida vs. M/S Rudra Buildwell Homes Pvt. Ltd, Delhi

ITA 602/DEL/2025[2016]Status: DisposedITAT Delhi29 Aug 2025

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2016-17 Vs. M/S. Rudra Buildwell Homes Dcit, Central Circle-I, Noida Pvt. Ltd., 53, Okhla Phase, Delhi Pan: Aafcr6959P (Appellant) (Respondent) With C.O. No.106/Del/2025 [Arising Out Of Ita No.602/Del/2025] Assessment Year: 2016-17 M/S. Rudra Buildwell Vs. Dcit, Central Circle-I, Homes Pvt. Ltd., Noida A-66, Sector-63, Noida Pan: Aafcr6959P (Appellant) (Respondent) Assessee By Sh. Rohit Kapoor, Adv. Sh. Veersen Agarwal, Itp Department By Sh. Rajesh Chandra, Cit(Dr) Date Of Hearing 12.08.2025 Date Of Pronouncement 29.08.2025 Order Per Satbeer Singh Godara, Jm This Revenue’S Appeal Ita No.602/Del/2025 & Assessee’S Cross Objection C.O. No. 106/Del/2025 For Assessment Year 2016-

Section 143(3)Section 148Section 148ASection 151Section 151(1)Section 151(2)

facts in reversing the Assessing Officer’s action treating the amount in question of Rs.20,25,63,469/- as unexplained cash credits vide following detailed discussion: “5. BRIEF FACTS The assessee has filed the appeal against the assessment order dated 31.03.2023 in which the Assessing Officer has made an addition ... identity could not be authenticated, Assessing Officer treated aforesaid funds as money from unexplained sources and added same to income of assessee as unexplained cash credit under section 68-However, it was found that assessee- company had furnished PAN, coples of Income tax returns of creditors as well as copy