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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

Pramod Lakra, Deputy Commissioner of Income Tax, Circle-11(1), Kolkata vs. Trinity Vintrade Private Limited, Kolkata

The appeal of the revenue is dismissed

ITA 1001/KOL/2025[2013-14]Status: DisposedITAT Kolkata11 Aug 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1001/Kol/2025 Assessment Year: 2013-14 Dcit, Circle-11(1), Kolkata ………………...………………..….……….Appellant Vs. Trinity Vintrade Pvt. Ltd.………..........................…….........……...…..…..Respondent 2Nd Floor, Room No.22, 22 Canning Street, Kol-1. [Pan: Aadct2156P] Appearances By: Smt. Sima Das Biswas, Jcit, Sr. Dr, Appeared On Behalf Of The Assessee. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : August 11, 2025 Date Of Pronouncing The Order : August 11, 2025 Order Per Sonjoy Sarma: This Appeal Filed By The Revenue Is Directed Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi Dated 26.12.2024 For The Assessment Year 2013–14. 2. At The Outset, We Note That There Is A Delay Of 69 Days In Filing The Present Appeal. The Revenue Has Filed A Petition For Condonation Of Delay Citing Reasonable Cause For The Belated Filing. We, After Considering The Submissions & Materials On Record, Satisfy That The Revenue Was Prevented By Reasonable Cause In Filing The Appeal Within The Prescribed Time. Accordingly, The Delay Is Condoned & The Appeal Is Admitted For Adjudication On Merits. 3. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2013–14 By Declaring Total Income Of Rs.70,440/-. The Case Of The Assessee Was Reopened U/S 147 Of The Act By Issuing Notice U/S 148 Of The Act For The Reason That A Sum Of Rs.8,00,056/- Was Transferred From One M/S Purayita Vanija Pvt. Ltd. To The Assessee’S Bank Account During The Year & Found That The Alleged

Section 143(2)Section 147Section 148Section 68

bank account and ultimately after considering all the documents, the Assessing Officer treated Rs.8,00,056/- u/s 68 of the Act as unexplained cash credit and added the same in the hands of the assessee. 4. Aggrieved by the above order, the assessee preferred an appeal before