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393 results for “capital gains”+ Unexplained Cash Creditclear

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Key Topics

Section 153A89Section 6886Addition to Income78Section 143(3)67Section 14853Section 26335Section 14732Section 10(38)29Unexplained Cash Credit29Section 143(2)

RUBY SINGH,NEW DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

ITA 2879/DEL/2022[2017-18]Status: DisposedITAT Delhi29 Sept 2023AY 2017-18

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

For Appellant: Shri Gautam Jain, Adv. &For Respondent: Shri Vivek Vardhan, Sr. DR
Section 147Section 148Section 151

unexplained credit in the hands of the assesse and taxing the same u/s. 115BBE of the Act. 4.3 Further drawing our attention towards the relevant observations noted by the Ld. CIT(A) in the First Appellate order vide para no. 4.3.25 to 4.3.26, the Ld. SR. DR submitted that Ld. CIT(A) also considered action of the AO, documentary evidence

RUBY SINGH,NEW DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

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Search & Seizure23
Reassessment21

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

ITA 2880/DEL/2022[2018-19]Status: DisposedITAT Delhi29 Sept 2023AY 2018-19

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

For Appellant: Shri Gautam Jain, Adv. &For Respondent: Shri Vivek Vardhan, Sr. DR
Section 147Section 148Section 151

unexplained credit in the hands of the assesse and taxing the same u/s. 115BBE of the Act. 4.3 Further drawing our attention towards the relevant observations noted by the Ld. CIT(A) in the First Appellate order vide para no. 4.3.25 to 4.3.26, the Ld. SR. DR submitted that Ld. CIT(A) also considered action of the AO, documentary evidence

RUBY SINGH ,NEW DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

ITA 2878/DEL/2022[2016-17]Status: DisposedITAT Delhi29 Sept 2023AY 2016-17

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

For Appellant: Shri Gautam Jain, Adv. &For Respondent: Shri Vivek Vardhan, Sr. DR
Section 147Section 148Section 151

unexplained credit in the hands of the assesse and taxing the same u/s. 115BBE of the Act. 4.3 Further drawing our attention towards the relevant observations noted by the Ld. CIT(A) in the First Appellate order vide para no. 4.3.25 to 4.3.26, the Ld. SR. DR submitted that Ld. CIT(A) also considered action of the AO, documentary evidence

RUBY SINGH ,NEW DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

ITA 2876/DEL/2022[2014-15]Status: DisposedITAT Delhi29 Sept 2023AY 2014-15

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

For Appellant: Shri Gautam Jain, Adv. &For Respondent: Shri Vivek Vardhan, Sr. DR
Section 147Section 148Section 151

unexplained credit in the hands of the assesse and taxing the same u/s. 115BBE of the Act. 4.3 Further drawing our attention towards the relevant observations noted by the Ld. CIT(A) in the First Appellate order vide para no. 4.3.25 to 4.3.26, the Ld. SR. DR submitted that Ld. CIT(A) also considered action of the AO, documentary evidence

RUBY SINGH,NEW DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

ITA 2881/DEL/2022[2019-20]Status: DisposedITAT Delhi29 Sept 2023AY 2019-20

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

For Appellant: Shri Gautam Jain, Adv. &For Respondent: Shri Vivek Vardhan, Sr. DR
Section 147Section 148Section 151

unexplained credit in the hands of the assesse and taxing the same u/s. 115BBE of the Act. 4.3 Further drawing our attention towards the relevant observations noted by the Ld. CIT(A) in the First Appellate order vide para no. 4.3.25 to 4.3.26, the Ld. SR. DR submitted that Ld. CIT(A) also considered action of the AO, documentary evidence

RUBY SINGH,DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

ITA 2875/DEL/2022[2013-14]Status: DisposedITAT Delhi29 Sept 2023AY 2013-14

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

For Appellant: Shri Gautam Jain, Adv. &For Respondent: Shri Vivek Vardhan, Sr. DR
Section 147Section 148Section 151

unexplained credit in the hands of the assesse and taxing the same u/s. 115BBE of the Act. 4.3 Further drawing our attention towards the relevant observations noted by the Ld. CIT(A) in the First Appellate order vide para no. 4.3.25 to 4.3.26, the Ld. SR. DR submitted that Ld. CIT(A) also considered action of the AO, documentary evidence

RUBY SINGH,NEW DELHI vs. DCIT, CENTRAL CIRCLE-8, NEW DELHI

In the result, all the seven captioned appeals filed by the assessee stand dismissed in the aforesaid manner

ITA 2877/DEL/2022[2015-16]Status: DisposedITAT Delhi29 Sept 2023AY 2015-16

Bench: Shri Chandra Mohan Garg & Shri M. Balaganesh, Accoutant Member

For Appellant: Shri Gautam Jain, Adv. &For Respondent: Shri Vivek Vardhan, Sr. DR
Section 147Section 148Section 151

unexplained credit in the hands of the assesse and taxing the same u/s. 115BBE of the Act. 4.3 Further drawing our attention towards the relevant observations noted by the Ld. CIT(A) in the First Appellate order vide para no. 4.3.25 to 4.3.26, the Ld. SR. DR submitted that Ld. CIT(A) also considered action of the AO, documentary evidence

SACHIN KANODIA,NEW DELHI vs. ITO WARD - 42(2), NEW DELHI

Appeal are dismissed

ITA 9504/DEL/2019[2015-16]Status: DisposedITAT Delhi10 May 2024AY 2015-16

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 142(2)Section 143(2)Section 2Section 68Section 69C

Capital Gain treated as Unexplained cash credits u/s 68 of the Act. 2 Addition on account of unexplained 1,89,043/- expenditure

SANGEETA DEVI JHUNJHUNWALA,NEW DELHI vs. ITO, WARD-70(1), NEW DELHI

In the result, the appeal of the assessee is partly allowed

ITA 747/DEL/2022[2015-16]Status: DisposedITAT Delhi18 May 2023AY 2015-16

Bench: Dr. Brr Kumar & Ms. Astha Chandraasstt. Year: 2015-16

For Appellant: Shri Rajiv SaxenaFor Respondent: Shri Amit Shukla, Sr. DR
Section 10(38)Section 131Section 142(1)Section 143(1)Section 69C

credited by sums on different dates aggregating to Rs. 1,18,34,753/-. He sought explanation because the Ld. AO had information that the investigation made by the Directorate of Investigation, Kolkata had revealed that some unscrupulous operators in the capital market were running a scheme of providing entries of long term capital gain for commission. The methodology adopted involved

VANEET AGGARWAL,NEW DELHI vs. ACIT, CIRCLE-14(2), NEW DELHI

In the result, appeal filed by the assessee is allowed

ITA 2607/DEL/2019[2015-16]Status: DisposedITAT Delhi13 Mar 2026AY 2015-16
Section 10(38)Section 143(1)Section 143(2)Section 69ASection 69C

capital gains as unexplained\ncash credit under section 68.\nPr. CIT v. Indravadan Jain, HUF (2024) 463 ITR 711 (Bom).\n\n2) Where assessee purchased shares of a company when trading of said\ncompany was suspended and sold same and claimed exemption under\nsection 10(38), in absence of any material brought on record to suggest\nthat purchase and sale

ACE CABS LIMITED,DELHI vs. ACIT, CIRCLE-1(2), DELHI, C R BUILDING

In the result, appeal filed by the assessee is allowed

ITA 443/DEL/2024[2017-18]Status: DisposedITAT Delhi04 Oct 2024AY 2017-18

Bench: Shri Saktijit Dey, Hon’Ble & Shri S.Rifaur Rahmanace Cabs Limited, Vs. Acit, Circle 1 (2), 562, Silver Oak Lane, Delhi. M.G. Road, Ghitorni, Delhi – 110 030. (Pan : Aaica4494R) (Appellant) (Respondent) Assessee By : Shri Gaurav Jain, Advocate Ms. Bharti Sharma, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 23.07.2024 Date Of Order : 04.10.2024 Order Per S.Rifaur Rahman,Am: 1. This Appeal Has Been Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), New Delhi [“Ld. Cit(A)”, For Short]/ National Faceless Appeal Centre (Nfac) Dated 12.12.2023 For The Assessment Year 2017-18. 2. The Assessee Submitted An Application Under Rule 29 Of The Itat Rules For Admitting The Additional Evidences & The Contents Thereof Are Reproduced Below:-

For Appellant: Shri Gaurav Jain, AdvocateFor Respondent: Shri Kanv Bali, Sr. DR
Section 142(1)Section 143(2)

cash in the disguise of long-term capital gain from sale of shares of some penny stock company, then the addition should have been made in his hands and not in the hands of assessee company. 17. Long-term capital gain from sale of shares of Shital Leasing and Finance Ltd, if according to the AO, is a sham transaction

VIPIN JAIN & SONS HUF,DELHI vs. ITO, WARD- 56(2), NEW DELHI

In the result, the appeal filed by the assessee is allowed

ITA 910/DEL/2019[2015-16]Status: DisposedITAT Delhi09 Apr 2025AY 2015-16

Bench: Shris.Rifaur Rahman & Ms. Madhumita Royvipin Jain & Sons Huf, Vs. Ito, Ward 56 (2), C/O Akhilesh Kumar, Advocate New Delhi. 206 -207, Ansal Satyam, Rdc, Ghaziabad – 201 002 (Uttar Pradesh). (Pan : Aadhv8042G) (Appellant) (Respondent) Assessee By : Shri Rohit Tiwari, Advocate Ms. Tanya, Advocate Revenue By : Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing : 11.02.2025 Date Of Order : 09.04.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-19, New Delhi[“Ld. Cit(A)”, For Short] Dated 12.12.2018 For The Assessment Year 2015-16 Raising Following Grounds Of Appeal :- “1. Because The Order Of Learned Lower Authority Is Bad In Law & Against The Facts & Circumstances Of The Case & Hence Is Unsustainable. 2. Because Ld. Cit (A) Grossly Erred In Law In Sustaining The Addition Of Rs.4,27,01,703/-, Being Total Sale Consideration Of Shares U/S 68 Of The Act While Said Amount Is Neither Credited To Books Of Account In The Absence Of Any Accounts Nor Source Of Said Amount Is Under Doubt, Hence Addition Is Beyond The Scope Of Provision.

For Appellant: Shri Rohit Tiwari, AdvocateFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 10Section 10(38)Section 143(2)Section 68

unexplained cash credits, is not substantiated by any credible evidence. Significantly, there is a glaring absence of any material that would indicate the assessee used an accommodation entry provider for the purpose of creating fictitious long-term capital gains

ADITYA SARAF,NEW DELHI vs. ITO, WARD-17(4), NEW DELHI

In the result, the appeal of the assessee is dismissed

ITA 7812/DEL/2018[2014-15]Status: DisposedITAT Delhi24 Nov 2022AY 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year: 2014-15 Aditya Saraf Vs. Ito, Ward-17(4) B-45, Inder Puri, New Delhi. New Delhi - 110 012 Pan Awwps1249K (Appellant) (Respondent)

For Appellant: NoneFor Respondent: Shri Kanav Bali, Sr. DR
Section 10(38)Section 131(1)Section 143(1)Section 68Section 69C

unexplained cash credit is taxable under section 68 of the Act @ 30% as provided under section 115BBE of the Act. The Ld. AO added Rs. 65,65,909/- to the income of the assessee alongwith brokerage / commission paid to the entry operator @ 5% on Rs. 65,65,909/- which worked out to Rs. 3,28,295/-. The Ld. AO completed

DCIT, DELHI vs. JMK JEWELS PRIVATE LIMITED, DELHI

ITA 4282/DEL/2025[2017-18]Status: DisposedITAT Delhi07 Jan 2026AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2017-18 M/S. Jmk Jewels Pvt. Ltd., Vs. Acit, Shop No. 302, Building New Delhi No.2678/1, Diamond Mall, Main Gurudwara Road, Karol Bagh, New Delhi Pan: Aabch6018F (Appellant) (Respondent) With Assessment Year: 2017-18 Dcit, Vs. M/S. Jmk Jewels Pvt. Ltd., New Delhi Shop No. 302, Building No.2678/1, Diamond Mall, Main Gurudwara Road, Karol Bagh, New Delhi Pan: Aabch6018F (Appellant) (Respondent) Assessee By Sh. Pranshu Singhal, Ca Sh. Rahul Bhardwaj, Adv. Department By Sh. Mahesh Kumar, Cit(Dr), Sh. Rajesh Tiwari, Sr. Dr

Section 115BSection 143(3)Section 44ASection 68

cash credits. The amount under question is sale proceeds„ Once a particular amount is already offered for taxation, the same cannot be considered as ITBA/APL/S/250/2024æ25/1074980455(1 8 | P a g e ITA No.3609 & 4282/Del/2025 unexplained credit u/s 68 of the Act. The pre-dominant clement for making addition u/s 68 of the Act is the onus casted upon

JMK JEWELS PRIVATE LIMITED,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, DELHI

ITA 3609/DEL/2025[2017-18]Status: DisposedITAT Delhi07 Jan 2026AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2017-18 M/S. Jmk Jewels Pvt. Ltd., Vs. Acit, Shop No. 302, Building New Delhi No.2678/1, Diamond Mall, Main Gurudwara Road, Karol Bagh, New Delhi Pan: Aabch6018F (Appellant) (Respondent) With Assessment Year: 2017-18 Dcit, Vs. M/S. Jmk Jewels Pvt. Ltd., New Delhi Shop No. 302, Building No.2678/1, Diamond Mall, Main Gurudwara Road, Karol Bagh, New Delhi Pan: Aabch6018F (Appellant) (Respondent) Assessee By Sh. Pranshu Singhal, Ca Sh. Rahul Bhardwaj, Adv. Department By Sh. Mahesh Kumar, Cit(Dr), Sh. Rajesh Tiwari, Sr. Dr

Section 115BSection 143(3)Section 44ASection 68

cash credits. The amount under question is sale proceeds„ Once a particular amount is already offered for taxation, the same cannot be considered as ITBA/APL/S/250/2024æ25/1074980455(1 8 | P a g e ITA No.3609 & 4282/Del/2025 unexplained credit u/s 68 of the Act. The pre-dominant clement for making addition u/s 68 of the Act is the onus casted upon

RIAZ MUNSHI,NEW DELHI vs. ACIT, CIRCLE- 17(2), NEW DELHI

ITA 3404/DEL/2019[2015-16]Status: DisposedITAT Delhi08 Jun 2022AY 2015-16

Bench: Shri Saktijit Dey & Narendra Kumar Billaiyaassessment Year: 2015-16

Section 10(38)Section 68Section 69C

capital gain is actually in the nature of unexplained cash credit under Section 68 of the Act. Accordingly, he added

GUNJAN BHAGERIA,NEW DELHI vs. ACIT, NEW DELHI

ITA 909/DEL/2022[2017-18]Status: DisposedITAT Delhi06 Sept 2023AY 2017-18

Bench: Shri N. K. Billaiya & Shri Anubhav Sharma

Section 127Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 263Section 285B

cash utilities for discharge of credit card bills and Rs. 3,34,750/- being cheques issued by third parties in favour of the assessee’s credit card bills, being one from unexplained sources chargeable to tax u/s 68 r.w.s.115BBE of the Act, requires no interference. 14. As with regard to disallowance of LTCG on shares in Monotype India

SANJEEV AGRAWAL,NEW DELHI vs. ACIT, CC-15, NEW DELHI

In the result, both the appeals of the assessee areallowed

ITA 1519/DEL/2021[2017-18]Status: DisposedITAT Delhi20 Sept 2023AY 2017-18

Bench: Shri Saktijit Dey, Vice-& Shri Girish Agrawal

For Appellant: Shri Gautam Jain & Ms. Monika Aggarwal, AdvsFor Respondent: Shri Ramdhan Meena, Sr. DR
Section 10(38)Section 143(3)

cash equivalents and short-term loans and advances together with incremental revenue from operations, running in several crores and incremental profit before taxes since 2013 onwards. Details of assets held and revenue from operations as reported by CTL for the period from AY 2013-14 to FY 2019-20 is extracted below. AYs: 2016-17& 2017-18 6.11. Ld. Counsel

SANJEEV AGRAWAL,NEW DELHI vs. ACIT, CC-15, NEW DELHI

In the result, both the appeals of the assessee areallowed

ITA 1518/DEL/2021[2016-17]Status: DisposedITAT Delhi20 Sept 2023AY 2016-17

Bench: Shri Saktijit Dey, Vice-& Shri Girish Agrawal

For Appellant: Shri Gautam Jain & Ms. Monika Aggarwal, AdvsFor Respondent: Shri Ramdhan Meena, Sr. DR
Section 10(38)Section 143(3)

cash equivalents and short-term loans and advances together with incremental revenue from operations, running in several crores and incremental profit before taxes since 2013 onwards. Details of assets held and revenue from operations as reported by CTL for the period from AY 2013-14 to FY 2019-20 is extracted below. AYs: 2016-17& 2017-18 6.11. Ld. Counsel

INCOME TAX OFFICER, WARD 1(1), FARIDABAD vs. BHARTI JAIN, DELHI

In the result, the Revenue’s appeal stands dismissed

ITA 5717/DEL/2024[2015-16]Status: DisposedITAT Delhi30 Sept 2025AY 2015-16

Bench: Shri Mahavir Singh, Hon’Bleito, Ward 1(1), Vs. Bharti Jain, Faridabad Qd-61, Vishakha Enclave, Pitampura, New Delhi-88 (Pan: Aftpg37441G) (Appellant) (Respondent)

For Appellant: Ms. Harpreet Kaur Hansra, Sr. DRFor Respondent: Sh. Mayank Patwari, Adv
Section 10(38)Section 131Section 142(1)Section 143(2)Section 147Section 148Section 68Section 69C

capital gain as unexplained cash credit u/s 68 and Rs. 39,690/-on account of cash commission u/s 69C of the IT Act, 1961 cannot