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“creditworthiness of the creditor”

Cash Credits & Unexplained ItemsSection 68Section 68914 judgments

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

Leading authorities on creditworthiness of the creditor

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.

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

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.

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.

Judgments citing creditworthiness of the creditor

Sanjeeta Chatterjee, Dubai vs. DCIT Intl. Taxation, Noida

ITA 2242/DEL/2024[2015-16]Status: DisposedITAT Delhi07 Apr 2025AY 2015-16

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2011-12 Dcit, Vs Geemed Promoters P. Ltd., Central Circle-28, F-6, Second Floor, New Delhi. Vijay Chowk, Laxmi Nagar, New Delhi – 110 092. Pan: Aaecg1614P Co No.114/Del/2018 (Ita No.2242/Del/2018) Assessment Year: 2011-12 Geemed Promoters P. Ltd., Vs. Dcit, F-6, Second Floor, Central Circle-28, Vijay Chowk, New Delhi. Laxmi Nagar, New Delhi – 110 092. Pan: Aaecg1614P (Appellant) (Respondent) Assessee By : Shri Sachin Jain, Advocate Revenue By : Shri Om Parkash, Sr. Dr Date Of Hearing : 07.05.2025 Date Of Pronouncement : 28.05.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 15.01.2018 Of The Commissioner Of Income-Tax (Appeals)-29, New Delhi Co No.114/Del/2018 (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’, For Short) In Appeal No.298/16-17/Cit(A)-29 Arising Out Of The Appeal Before It Against The Order Dated 19.03.2014 Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Acit, Central Circle-28, New Delhi (Hereinafter Referred To As The Ld. Ao). The Assessee Has Filed Cross Objection. 2. The Revenue Has Taken The Following Grounds Of Appeal:- “1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs. 10 Crore On Account Of (Paid - Up Share Capital, Share Premium & Security Premium) Credited In Its Books Of Accounts Ignoring The Fact That The Assessee Had Not Discharged Its Primary Onus To Establish The Identity & Creditworthiness Of The Creditors & Genuineness Of The Transaction During Assessment Proceedings.” 2. The Appellant Craves Leave To Add, Alter Or Amend Any/All Of The Grounds Of Appeal Before Or During The Course Of The Hearing Of The Appeal.”

For Appellant: Shri Sachin Jain, AdvocateFor Respondent: Shri Om Parkash, Sr. DR
Section 132Section 143(3)Section 153A

credited in its books of accounts ignoring the fact that the assessee had not discharged its primary onus to establish the identity and creditworthiness of the creditors and genuineness of the transaction during assessment proceedings.” 2. The appellant craves leave to add, alter or amend any/all of the grounds

Sharda Rani Gupta L/H Late Hem Chand Gupta, New Delhi vs. ITO, Ward 55(4), New Delhi

In the result, appeal of the assessee is partly allowed in the terms aforesaid

ITA 2055/DEL/2023[2009-10]Status: DisposedITAT Delhi04 Apr 2025AY 2009-10

Bench: Shri Vikas Awasthyआअसं.2055/िद"ी/2023 (िन.व. 2009-10) Mrs Sharda Rani Gupta, L/H Late Hem Chand Gupta C/O Mr. Sandeep Bhatnagar, C.A, Flat No. 12, 2Nd Floor, Sheel Tara House, 4866/24, Ansari Road, Darya Ganj, New Delhi 110002 ...... अपीलाथ"/Appellant Pan: Aakpg-2688-Q बनाम Vs. Income Tax Officer, Ward 55(4), ..... "ितवादी/Respondent D-Block, Vikas Bhawan, New Delhi 110002 अपीलाथ" "ारा/ Appellant By : None "ितवादी"ारा/Respondent By : Ms. Shivani Bansal, Sr. Dr & Shri Om Prakash, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 10/01/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 04/04/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 18.04.2023, For Assessment Year 2009-10. 2. The Appeal Is Time Barred By 29 Days. The Assessee Has Filed An Application Seeking Condonation Of Delay In Filing Of Appeal. After Perusal Of The Same, I Am Satisfied That Delay In Filing Of Appeal Is Not Intentional, But Was For The Reasons

For Appellant: NoneFor Respondent: Ms. Shivani Bansal, Sr. DR and Shri Om Prakash, Sr. DR
Section 133(6)Section 254Section 68

Delhi Govt. I find that except for oral assertions no documentary evidence has been placed on record by the assessee to substantiate creditworthiness of the creditors and genuineness of the transaction. The onus to prove creditworthiness and identity of the creditors is on the assessee. The assessee has failed

Dy. Commissioner of Income Tax, Agra vs. Prabhu Infradevelopers Pvt. Ltd., Agra

Appeal stand dismissed

ITA 131/AGR/2024[2018-19]Status: DisposedITAT Agra28 Mar 2025AY 2018-19

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.130/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) & 2. आयकरअपील सं. / Ita No.131/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Dcit M/S Prabhu Infradevelopers Pvt. Ltd. बनाम/ 1St Floor, Aaykar Bhawan 1/354, Transport Nagar Vs. Sanjay Place, Agra - 282001 Agra "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aahcp-2659-J (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sukesh Kumar Jain – Ld. Cit Dr ""थ"कीओरसे/Respondent By : Shri Anurag Sinha (Advocate) – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Sukesh Kumar Jain – Ld. CIT DRFor Respondent: Shri Anurag Sinha (Advocate) – Ld. AR
Section 143(3)Section 153ASection 245D(4)Section 68

arrive at such a conclusion. Finally, the impugned addition was deleted in para 7.45 by holding that the assessee had proved the identity, creditworthiness of the creditors as well as the genuineness of the transaction. The burden as required to be discharged u/s 68 was fully satisfied. 3.2 With respect

Dy. Commissioner of Income Tax, Agra vs. Prabhu Infradevelopers Pvt. Ltd., Agra

Appeal stand dismissed

ITA 130/AGR/2024[2017-18]Status: DisposedITAT Agra28 Mar 2025AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.130/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) & 2. आयकरअपील सं. / Ita No.131/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Dcit M/S Prabhu Infradevelopers Pvt. Ltd. बनाम/ 1St Floor, Aaykar Bhawan 1/354, Transport Nagar Vs. Sanjay Place, Agra - 282001 Agra "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aahcp-2659-J (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sukesh Kumar Jain – Ld. Cit Dr ""थ"कीओरसे/Respondent By : Shri Anurag Sinha (Advocate) – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Sukesh Kumar Jain – Ld. CIT DRFor Respondent: Shri Anurag Sinha (Advocate) – Ld. AR
Section 143(3)Section 153ASection 245D(4)Section 68

arrive at such a conclusion. Finally, the impugned addition was deleted in para 7.45 by holding that the assessee had proved the identity, creditworthiness of the creditors as well as the genuineness of the transaction. The burden as required to be discharged u/s 68 was fully satisfied. 3.2 With respect

Dahyabhai Shankarbhai Patel, Vadodara vs. Income Tax Officer, Ward 1(3)(1), Vadodara

In the result, the appeal of the assessee is allowed

ITA 251/AHD/2025[2015-16]Status: DisposedITAT Ahmedabad25 Mar 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.251/Ahd/2025 िनधा"रण वष" /Assessment Year : 2015-16 Dahyabhai Shankarbhai Patel The Income Tax Officer बनाम/ Ashutosha, 300 Kadamnagar Ward-1(3)(1), V/S. Nr. Mehsana Nagar Vadodara Nizampura, Vadodara-390 024 "थायी लेखा सं./Pan: Acspp 2248 R (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Sunil Talati, Ar Revenue By : Shri Kalpesh Rupavatia, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 24 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 25 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee Against The Order Dated 19.12.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As "Cit(A)"] Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"] For The Assessment Year (Ay) 2015-16, Whereby The Cit(A) Upheld The Addition Of Rs.2,78,14,620/- Made By The Assessing Officer [Hereinafter Referred To As "Ao”] Under Section 69 Of The Act As Unexplained Investment. Dahyabhai Shankarbhai Patel Vs. Ito Asst. Year : 2015-16

For Appellant: Shri Sunil Talati, ARFor Respondent: Shri Kalpesh Rupavatia, Sr.DR
Section 148Section 148ASection 250Section 69

rebut this treatment or to establish that the said funds were used for personal purposes of the individual account holders. The identity and creditworthiness of the creditors, and genuineness of the transactions, remain unchallenged by the Revenue. Dahyabhai Shankarbhai Patel vs. ITO Asst. Year : 2015-16 7.4. Thus, the fact