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“unexplained expenditure”

Cash Credits & Unexplained ItemsSection 69CSection 69C3,276 judgments

The decision most relied on for unexplained expenditure is CIT v. Bholanath Poly Fab. Pvt. Ltd. (355 ITR 290), cited in 712 judgments on BharatTax.

Leading authorities on unexplained expenditure

CIT v. Bholanath Poly Fab. Pvt. Ltd.
355 ITR 290 · 2013 · High Court
712
citing judgments

If an assessee makes purchases from bogus parties, but the underlying goods are genuinely acquired and sold, only the profit margin embedded in such purchases, and not the entire value of the bogus purchases, should be added to the assessee's income.

Vijay Proteins Ltd. v. Asst. CIT
58 ITD 428 · 1996 · ITAT
430
citing judgments

Where purchases are found to be non-genuine or fictitious, a reasonable disallowance of 25% of such purchases or the peak credit, whichever is higher, can be made. This is applied to address unexplained expenditure under Section 69C when actual goods are likely procured from the grey market.

Nikunj Eximp Enterprises v. CIT
216 Taxmann 171 · 2013 · High Court
325
citing judgments

Purchases may be treated as genuine even if the purchase parties are untraceable or not available for verification, as long as there is no specific evidence from the parties themselves denying the transactions or proving them to be bogus.

CIT v. M.K. Brothers
163 ITR 249 · 1987 · High Court
262
citing judgments

Mere non-production of a party or their denial of a transaction is insufficient to treat a payment as non-genuine if it is duly recorded in books and made through banking channels. Once the assessee furnishes relevant documentation, the burden shifts to the Assessing Officer to prove the transaction is not genuine.

N.K. Proteins Ltd. v. DCIT
84 Taxmann.com 195 · 2017 · Supreme Court
204
citing judgments

When purchases are found to be entirely bogus and based on fictitious invoices from non-existent or unconfirmed suppliers, the entire amount of such purchases is liable to be added back as unexplained expenditure, not merely a percentage thereof.

CIT v. La Medica
250 ITR 575 · 2001 · High Court
150
citing judgments

When purchases are shown to be non-genuine, the entire amount is to be disallowed as unexplained expenditure under section 69C, irrespective of whether the goods were procured from alternative sources.

Vijay Proteins Ltd. v. CIT
58 Taxmann.com 44 · 2015 · High Court
140
citing judgments

When an assessee makes alleged bogus or hawala purchases but subsequently makes genuine sales from those purchases, the addition to income should be restricted only to the estimated profit embedded in such transactions, not the entire purchase value.

N.K. Industries Ltd. v. DCIT
72 Taxmann.com 289 · 2016 · High Court
127
citing judgments

When there is a categorical finding that purchases are bogus and from fictitious suppliers, the Assessing Officer is justified in making a 100% addition of the bogus purchase amount under Section 69C, rather than restricting the disallowance to merely the profit margin. This position has been upheld by the Supreme Court through the dismissal of the assessee's SLP.

Judgments citing unexplained expenditure

Navgrahaa Jewels Private Limited, Mumbai vs. Deputy Commissioner, Mumbai

In the result, the appeal of the assessee bearing ITA No

ITA 4786/MUM/2025[2013-14]Status: DisposedITAT Mumbai30 Jan 2026AY 2013-14

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokarnavgrahaa Jewels Private Ltd. Vs Deputy Commissioner 7(1)(1), Unit No.341 & 342, Pragati Mumbai Industrial Esrate, N. M. Joshi Aayakar Bhawan, Mumbai-400020 Marg, Lower Parel East, Mumbai-400011 Pan: Aaecn0220G Appellant Respondent Assessee By : Shri Dharan Gandhi, Adv., Ms. Vinita Nara Adv Respondent By : Shri Leyaqat Ali Aafaqui, Sr Dr Date Of Hearing : 28/01/2026 Date Of Pronouncement : 30/01/2026 O R D E R Per: Anikesh Banerjee (Jm): The Instant Appeal Of The Assessee Filed Against The Order Of The Nfac, Delhi [For Brevity ‘The Ld. Cit(A)], Order Passed Under Section 250 Of The Income Tax Act 1961 (For Brevity ‘The Act’) For Assessment Year 2013-14, Date Of Order 11.11.2024. The Impugned Order Emanated From The Order Of The Assessment

For Appellant: Shri Dharan Gandhi, Adv., Ms. Vinita Nara AdvFor Respondent: Shri Leyaqat Ali Aafaqui, SR DR
Section 14Section 147Section 148Section 148ASection 14bSection 250Section 69C

Bogus Purchases under Section 69C and Addition toTotal Income 14. The Appellant challenges the confirmation of addition of Rs. 1,72,69,594/- as unexplained expenditure under Section 69C, treating purchases from M/s KeshavImpex as bogus. The AO's addition was based on credible information that Shri Anil BabulalChokhara provided

ACIT Circle 3(2)(1), Mumbai vs. Sunjewels Private Limited, Mumbai

In the result, the appeal is allowed for statistical purpose

ITA 7390/MUM/2025[2016]Status: DisposedITAT Mumbai29 Jan 2026

Bench: Shri Saktijit Dey & Shri Arun Khodpiaacit, Circle 3(2)(1) Sunjewels Private Limited Room No. 608, 6Th Floor, 605/606, 6Th Floor, Multistoried Aaykar Bhavan, M. K. Road, Vs. Building, Seepz S.O., Andheri (E), Churchgate, Mumbai-400 020 Mumbai-400 096 Pan/Gir No. Aabce 3519 L (Appellant) : (Respondent) Appellant By : Shri Ravikant Pathak, Ca Respondent By : Shri Swapnil Choudhary-Sr. Ar Date Of Hearing : 27.01.2026 Date Of Pronouncement : 29.01.2026 O R D E R Per Saktijit Dey: This Is An Appeal By The Department Against Order Dated 08.09.2025 Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi For The Assessment Year (A.Y. For Short) 2016-17. 2. The Effective Grounds Raised By The Department Are As Under: 1. "Whether, On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Was Justified In Setting Aside The Assessment Order Passed U/S.143(3) & Remitting The Matter Back To The Assessing Officer For Fresh Adjudication, Despite The Clear Restriction Contained In The Proviso To Section 251(1)(A) Ofthe Income Tax Act, 1961, Which Permits Such Power Only In Cases Where The Assessment Is Made U/S.144 (Best Judgment Assessment)?" 2. "Whether The Ld.Cit(A) Having No Jurisdiction To Set Aside Or Remand An Assessment Order Passed U/S.143(3), Acted Beyond His Statutory Authority In Law, Thereby Rendering The Impugned Appellate Order Dated 08.09.2025 Bad In Law & Liable To Be Quashed?" 3. "Whether The Ld.Cit(A), Instead Of Exercising The Powers Vested In Him Under Section 251(1)(A) To Confirm, Reduce, Enhance Or Annual The Assessment, Wrongly Assumed A Power To Restore The Matter To The Assessing Officer, Which Is Ultra Vires The Provisions Of The Income Tax Act, 1961."

For Appellant: Shri Ravikant Pathak, CAFor Respondent: Shri Swapnil Choudhary-Sr. AR
Section 115JSection 133(6)Section 143(3)Section 144Section 251(1)(a)Section 69C

purchases of Rs.2,21,80,000/- made from Srushti Diam and added it to the income of the assessee by treating it as unexplained expenditure u/s. 69C of the Act. Proceeding further, the A.O. observed that in the year under consideration, the assessee had claimed expenditure to the tune ... Legal and Professional Charges paid to Phellippe Dehaer and Udwadia and Udeshi totaling of Rs. 28,92,631/- under section 690 unexplained expenditure. 3. Difference in return and 26AS totaling of Rs. 5,59,027/ The above addition in the case of l'and I was made as the assessee

Manoj Kumar, Panipat vs. Income Tax Officer, Ward -1, Panipat

In the result, appeal of the assessee is allowed

ITA 3378/DEL/2025[2018-19]Status: DisposedITAT Delhi29 Jan 2026AY 2018-19

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2018-19] Manoj Kumar Vs Ito Prop. Avitex India, Barsat Ward-1 Road, Opp.Kirpal Ashram, Panipat Panipat, Haryana-132103. Pan-Aaepo2553J Appellant Respondent Assessee By Shri Suresh Kumar Gupta, Ca Revenue By Ms. Amisha S.Gutpa, Cit Dr Date Of Hearing 27.11.2025 Date Of Pronouncement 29.01.2026 Order Per Manish Agarwal, Am : The Captioned Appeal Is Filed By Assessee Against The Order Dated 27.03.2025 Passed By Ld. Pr. Commissioner Of Income Tax, Rohtak [“Ld. Pr. Cit”] U/S 263 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 24.02.2023 Passed U/S 147 R.W.S. 144B Of The Act Pertaining To Assessment Year 2018-19. 2. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income On 18.10.2018, Declaring Total Income Of Inr 5,12,820/-. Based On The Available That The Assessee Had Accepted Accommodation Entries In The Form Of Bogus Purchases From M/S. Soni Textiles Of Inr 11,47,500/-, Case Was Re-Opened By Issue Of Notice U/S 148 On 29.03.2022. In Response To The Notice, Assessee Filed Return Of Income On 25.11.2022, Declaring Total Income Of Inr 5,12,820/-. Thereafter, Various Notices Were Issued From Time To Time However, Were Remained Uncompiled With. Thereafter, Ao Vide Order Dated 24.02.2023 Passed U/S 147 R.W.S. 144B Of The Act Assessed The Income Of The Assessee At Inr 16,60,320/- By Making Addition Of Alleged Bogus Purchases.

Section 147Section 148Section 15BSection 263Section 37(1)Section 69C

orders of Ld. PCIT and submit that in the instant case, assessee has failed to justify the purchases made thus the same is unexplained expenditure for which the source was not established to the satisfaction of the AO and therefore, Ld. Pr. CIT has rightly directed the AO to invoke ... income of the assessee by such for such financial year. Provided that notwithstanding anything standing contained in any other provision of this Act such unexplained expenditure which deemed to be he income of the assessee shut not be allowed as a deduction under any head of income. 10. The provisions

Sunil Kumar Singh, New Delhi vs. Income Tax Officer, Ward 60(5), Delhi, New Delhi

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

ITA 3657/DEL/2025[2013-14]Status: DisposedITAT Delhi28 Jan 2026AY 2013-14

Bench: Shris.Rifaur Rahman & Shri Vimal Kumarsunil Kumar Singh, Vs. Income Tax Officer, S-172B, Pandav Nagar, Ward 60 (5), Delhi. Laxmi Nagar, Delhi – 110 092. (Pan : Bbfps2668B) (Appellant) (Respondent) Assessee By : Shri Sumit Lal Chandani, Advocate Revenue By : Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing : 19.01.2025 Date Of Order : 28.01.2026 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)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 03.03.2025 For The Assessment Year 2013-14 Raising Following Grounds Of Appeal :- 1. That The Notice Issued Under Section 148 Of The Income Tax Act, 1961 (‘The Act’) & The Consequential Proceedings Are Illegal, Bad In Law, Without Jurisdiction & Barred By Time Limitation. 2. That The Commissioner Of Income Tax (Appeals) [‘Cit(A)’] Has Erred In Not Quashing The Reassessment Proceedings, Which Are Ex Facie Bad In Law & In Violation Of The Settled Judicial

For Appellant: Shri Sumit Lal Chandani, AdvocateFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 115BSection 147Section 148Section 148ASection 149Section 151Section 68

erred in making the addition of Rs. 2,63,77,715/- under Section 68 of the Act, allegedly on account of unexplained expenditure, and the CIT(A) has erred in upholding the same. 8. That on the facts and circumstances of the case, the AO has wrongly invoked the provision