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“cash credit addition”

Cash Credits & Unexplained ItemsSection 68Section 6867 judgments

The decision most relied on for cash credit addition is Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd. (342 ITR 169), cited in 658 judgments on BharatTax.

Leading authorities on cash credit addition

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.

Umacharan Shaw & Bros. v. CIT
37 ITR 271 · 1959 · Supreme Court
567
citing judgments

An income tax assessment or addition cannot be sustained solely on the basis of suspicion, surmises, or conjectures, as strong suspicion does not amount to proof. The revenue authorities must rely on concrete evidence and material to frame an assessment.

Roshan Di Hatti v. CIT
107 ITR 938 · 1977 · Supreme Court
477
citing judgments

An assessee bears the onus to prove the identity, creditworthiness, and genuineness of any cash credit or transaction. If the assessee fails to discharge this burden with cogent evidence and explanation, the Assessing Officer is justified in making additions to their income, and no further burden lies on the revenue.

CIT v. Kamdhenu Steel & Alloys Ltd.
361 ITR 220 · 2014 · High Court
328
citing judgments

When making an addition under section 68, the creditworthiness or financial strength of an investor contributing share capital or share application money can be proved by producing their bank statements showing sufficient balance for the investment. The Supreme Court dismissed the SLP against this decision.

CIT v. Devi Prasad Vishwanath Prasad
72 ITR 194 · 1969 · Supreme Court
272
citing judgments

If there is an unexplained cash credit, the Assessing Officer can treat it as the assessee's income, even when the income is finalized on an estimation basis, without proving its specific source. The onus then shifts to the assessee to prove that the income represented by the cash credit has already been taxed.

CIT v. N.R. Portfolio (P.) Ltd.
42 Taxmann.com 339 · 2014 · High Court
252
citing judgments

For cash credit additions under Section 68, establishing the 'identity' of a creditor requires more than just producing PAN or assessment particulars; it necessitates demonstrating their actual business operations, place of work, staff, and public recognition. This rigorous standard ensures the assessee proves the identity, creditworthiness, and genuineness of the transaction.

Judgments citing cash credit addition

Chetan Lachmandas Bhatia, Mumbai vs. ITO (It)-1(2)(1), Mumbai

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

ITA 386/MUM/2023[2014-15]Status: DisposedITAT Mumbai29 May 2023AY 2014-15

Bench: Shri Om Prakash Kant & Shri Narender Kumar Choudhrychetan Lachmandas Ito, Bhatia, C-309, 3Rd (International बनाम/ Floor, Atul Nagar Tower, Tax)-1(2)(1), Vs. Mathwadas, Ext. Road, Mumbai. Irani Wadi No.3, Kandivali West, Mumbai-400067. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aotpb9588F (""थ" / Respondent) (अपीलाथ"/Appellant) अपीलाथ" ओर से/ Appellant By : Ms. Chaitee Londhe, Ca ""थ" की ओर से/Respondentby: Shri Ram Prakash Rastogi, Sr.Ar सुनवाई की तारीख/ Date Of Hearing 17/05/2023 घोषणा की तारीख /Date Of Pronouncement 29/05/2023 आदेश / Order Per Om Prakash Kant- Am: This Appeal Filed By The Assessee Is Directed Against The Final Assessment Order Dated 13.12.2022 Passed By Ito, International Tax-1(2)(1), Mumbai ( In Short ‘ The Assessing Officer) For Assessment Year (“Ay”) 2014-15, Pursuant To The Direction Of Ld. Dispute Resolution Panel (“Drp”) Dated 28.11.2022. The Grounds Raised By The Assessee Alongwith Form No.36 Were Revised By The Assessee. The Revised Grounds Are Reproduced As Under:-

For Appellant: Ms. Chaitee Londhe, CAFor Respondent: Shri Ram Prakash Rastogi, Sr.AR
Section 147Section 148

Ground No.3, the assessee has challenged the addition of Rs.25,00,000/-, which is sustained by Ld. DRP, out of the unexplained cash credit addition proposed by the AO in the draft assessment order. The relevant findings of Ld.DRP in relation to addition of Rs.25,00,000/- is reproduced