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“identity creditworthiness and genuineness”

Cash Credits & Unexplained ItemsSection 68Section 6839 judgments

The decision most relied on for identity creditworthiness and genuineness is CIT v. Orissa Corporation Pvt. Ltd. (159 ITR 78), cited in 897 judgments on BharatTax.

Leading authorities on identity creditworthiness and genuineness

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.

DCIT v. Rohini Builders
256 ITR 360 · 2002 · High Court
489
citing judgments

An assessee discharges the initial onus under Section 68 for cash credits by providing creditor details like PAN and addresses, proving creditworthiness via banking transactions, and demonstrating genuineness, especially when loans are repaid through cheques.

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. Precision Finance Pvt. Ltd.
208 ITR 465 · 1994 · High Court
427
citing judgments

When an assessee seeks to explain a cash credit under Section 68, they must prove the identity of the creditors, their creditworthiness or capacity to advance money, and the genuineness of the transactions. The burden of proof is not discharged merely by filing confirmatory letters or demonstrating banking channel transactions.

CIT v. Divine Leasing & Finance Ltd.
299 ITR 268 · 2008 · High Court
426
citing judgments

The Assessing Officer cannot add share capital or share premium amounts if the assessee provides the identity and creditworthiness of the subscriber and establishes the genuineness of the transaction. The court may admit additional evidence under Rule 46A, such as the PAN identity of the creditor.

Nemi Chand Kothari v. CIT
264 ITR 254 · 2003 · High Court
340
citing judgments

For a cash credit, merely transacting by cheque is insufficient to discharge the assessee's burden of proof. The assessee must prove the identity of the creditors, the genuineness of the transaction, and the creditworthiness of the creditors; upon which, the burden shifts to the revenue.

Judgments citing identity creditworthiness and genuineness

Deputy Commissioner of Income Tax, Central Circle 3(3), Mumbai vs. Abu Jani Sandeep Khosla, Mumbai

In the result, the appeal of revenue is dismissed

ITA 2530/MUM/2025[2017-18]Status: DisposedITAT Mumbai31 Dec 2025AY 2017-18

Bench: Shri Pawan Singh & Ms. Padmavathy S.(Physical Hearing) Abu Jani Sandeep Khosla, Dcit, Central Circle 3(3), Gala No. 22 A Block, 1St Floor, Room No. 1923, 19Th Floor, Vs Ghanshyam Industrial Estate, Air India Building, Veera Desai Road, Andheri West, Nariman Point, Mumbai Mumbai-400058 Pan: Aaafa 2341 Q Appellant / Assessee Respondent / Revenue Dcit, Central Circle 3(3), Abu Jani Sandeep Khosla, Room No.404, 4Th Floor, Vs Gala No. 22 A Block, 1St Floor, Kautilya Bhawan, Ghanshyam Industrial Estate, Bandra Kurla Complex, Veera Desai Road, Andheri Mumbai-400051 West, Mumbai-400058 Pan: Aaafa 2341 Q Appellant / Assessee Respondent / Revenue

Section 254(1)Section 40A(3)Section 68

order of lower authorities. The Ld. Senior DR for the revenue submits that the Assessee failed to discharge its onus in providing identity, creditworthy and genuineness of transaction. Before ld CIT (A) the Assessee again provided incomplete details, Abu Jani Sandeep Khosla (AY 2017-18) thus, the assessee failed ... that the loan amount was repaid in subsequent Assessment Year. We find that before AO complete details were not furnished to substantiate the identity creditworthiness and genuineness of transaction. However, before ld CIT (A) the Assessee has furnished details to prove the identity of creditor and ledger confirmation and their

Abu Jani Sandeep Khosla, Mumbai vs. DCIT Central Circle 3(3), Mumbai

In the result, the appeal of revenue is dismissed

ITA 2504/MUM/2025[2017-18]Status: DisposedITAT Mumbai31 Dec 2025AY 2017-18

Bench: Shri Pawan Singh & Ms. Padmavathy S.(Physical Hearing) Abu Jani Sandeep Khosla, Dcit, Central Circle 3(3), Gala No. 22 A Block, 1St Floor, Room No. 1923, 19Th Floor, Vs Ghanshyam Industrial Estate, Air India Building, Veera Desai Road, Andheri West, Nariman Point, Mumbai Mumbai-400058 Pan: Aaafa 2341 Q Appellant / Assessee Respondent / Revenue Dcit, Central Circle 3(3), Abu Jani Sandeep Khosla, Room No.404, 4Th Floor, Vs Gala No. 22 A Block, 1St Floor, Kautilya Bhawan, Ghanshyam Industrial Estate, Bandra Kurla Complex, Veera Desai Road, Andheri Mumbai-400051 West, Mumbai-400058 Pan: Aaafa 2341 Q Appellant / Assessee Respondent / Revenue

Section 254(1)Section 40A(3)Section 68

order of lower authorities. The Ld. Senior DR for the revenue submits that the Assessee failed to discharge its onus in providing identity, creditworthy and genuineness of transaction. Before ld CIT (A) the Assessee again provided incomplete details, Abu Jani Sandeep Khosla (AY 2017-18) thus, the assessee failed ... that the loan amount was repaid in subsequent Assessment Year. We find that before AO complete details were not furnished to substantiate the identity creditworthiness and genuineness of transaction. However, before ld CIT (A) the Assessee has furnished details to prove the identity of creditor and ledger confirmation and their