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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

Bharatkumar Rajashree, Bengaluru vs. Income Tax Officer, Ward-7(2)(1), Bangalore

In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above

ITA 1279/BANG/2025[2016-17]Status: DisposedITAT Bangalore19 Aug 2025AY 2016-17

Bench: Dr. Dipak P. Ripote & Shri Prakash Chand Yadavassessment Year: 2016-17 Smt. Bharatkumar Rajashree, Income Tax Officer, C/O. M/S. Travenza Holidays, No. Ward-7(2)(1), 180/A, 16Th Main 4Th ‘T’ Block, Bengaluru. Jayanagar, Vs. Bengaluru-560041. Pan No : Auopr4145D Appellant Respondent Appellant By : Sri Madhusudhan, Advocate Respondent By : Sri Ganesh R Ghale, Advocate-Standing Counsel For Revenue Date Of Hearing : 18.08.2025 Date Of Pronouncement : 19.08.2025 O R D E R Per Dr. Dipak P. Ripote: This Appeal Filed By Smt. Bharatkumar Rajashree Against The Order Of The Learned Cit(Appeals) (Nfac) Passed U/S. 250 Of The Income Tax Act, 1961 (In Short “The Act”) For Asst Year 2016-17 On 05/03/2025 Emanating From Assessment Order Dated 22/12/2018 Passed U/S. 143(3) Of The Act. 2. The Assessee Has Raised 11 Grounds Of Appeal Which Are Argumentative In Nature & Mainly They Revolve Around The Decision Of The Ld. Cit(A)’S In Confirming The Addition Of Rs. 33,45,000/- (Being 1/3Rd Of The Entire Amount For Being Joint Holder

For Appellant: Sri Madhusudhan, Advocate
Section 143(3)Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)Section 68

joint holder Page 2 of 4 Smt. Bharatkumar Rajashree of the account with two other members) made by the Ld. Ld. AO towards unexplained cash credits and dismissing the appeal of the assessee ex-parte without providing proper opportunity of being heard to the assessee. 3. Findings and Analysis

Income Tax Officer Ward-1(4), Mansa vs. Sh. Hardev Singh Through Legal Heir Son of Sh. Niranjan Singh, Budhlada

In the result, ITA No.449/Asr/2024 stand dismissed as non- maintainable

ITA 450/ASR/2024[2013-14]Status: HeardITAT Amritsar18 Aug 2025AY 2013-14

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm 1. आयकर अपील सं. / Ita No. 449/Asr/2024 (िनधा"रण वष" / Assessment Year: 2013-14) & 2. आयकर अपील सं./ Ita No. 450/Asr/2024 (िनधा"रणवष" / Assessment Year: 2013-14) Income Tax Officer Shri Hardev Singh बनाम/ 2Nd Floor Bsnl Building, (Through L/H Shri Nirvair Singh) Near Overbridge, Mansa-Sirsa Road Bahadarpur, Tehsil Budhlada Vs. Mansa District Mansa. District Mansa. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Dlups-1582-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Shri Ramesh Kumar Jaiswal (Ca) –Ld.Ar ""थ"कीओरसे/Respondent By : Shri Charan Dass (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 07-08-2025 घोषणाकीतारीख /Date Of Pronouncement : 18-08-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. These Are Quantum Appeal As Well As Penalty Appeal By Revenue For Assessment Year (Ay) 2013-14. The Quantum Appeal Ita No.449/Asr/2024 Arises Out Of An Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 21-06-2024 In The Matter Of An Assessment Framed By Ld. Ao U/S 147 R.W.S 144 Of The Act On 29-03-2022. The Ld. Ar, At The Outset

For Appellant: Shri Ramesh Kumar Jaiswal (CA) –Ld.ARFor Respondent: Shri Charan Dass (Addl. CIT) - Ld. Sr. DR
Section 147Section 271(1)(c)

case records, the appeal is disposed- off as under. 2. The Ld. AO made assessment of bank deposits for Rs.195.63 Lacs as unexplained cash credit and computed the income of the assessee. The copy of computation sheet DIN ITBA/AST/S/114/2021- 22/1041937397(1) dated 29-03-2022 is on record. Upon perusal

Income Tax Offuicer Ward-1(4), Mansa vs. Sh. Hardev Singh Through Legal Heir Son of Sh. Niranjan Singh, Budhlada

In the result, ITA No.449/Asr/2024 stand dismissed as non- maintainable

ITA 449/ASR/2024[2013-14]Status: HeardITAT Amritsar18 Aug 2025AY 2013-14

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm 1. आयकर अपील सं. / Ita No. 449/Asr/2024 (िनधा"रण वष" / Assessment Year: 2013-14) & 2. आयकर अपील सं./ Ita No. 450/Asr/2024 (िनधा"रणवष" / Assessment Year: 2013-14) Income Tax Officer Shri Hardev Singh बनाम/ 2Nd Floor Bsnl Building, (Through L/H Shri Nirvair Singh) Near Overbridge, Mansa-Sirsa Road Bahadarpur, Tehsil Budhlada Vs. Mansa District Mansa. District Mansa. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Dlups-1582-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Shri Ramesh Kumar Jaiswal (Ca) –Ld.Ar ""थ"कीओरसे/Respondent By : Shri Charan Dass (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 07-08-2025 घोषणाकीतारीख /Date Of Pronouncement : 18-08-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. These Are Quantum Appeal As Well As Penalty Appeal By Revenue For Assessment Year (Ay) 2013-14. The Quantum Appeal Ita No.449/Asr/2024 Arises Out Of An Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 21-06-2024 In The Matter Of An Assessment Framed By Ld. Ao U/S 147 R.W.S 144 Of The Act On 29-03-2022. The Ld. Ar, At The Outset

For Appellant: Shri Ramesh Kumar Jaiswal (CA) –Ld.ARFor Respondent: Shri Charan Dass (Addl. CIT) - Ld. Sr. DR
Section 147Section 271(1)(c)

case records, the appeal is disposed- off as under. 2. The Ld. AO made assessment of bank deposits for Rs.195.63 Lacs as unexplained cash credit and computed the income of the assessee. The copy of computation sheet DIN ITBA/AST/S/114/2021- 22/1041937397(1) dated 29-03-2022 is on record. Upon perusal