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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

Gnp Consultancy and Solutions Pvt Ltd, Nariman Point vs. DCIT Circle-6(1), Mumbai, Nariman Point

ITA 2547/MUM/2023[2021-22]Status: DisposedITAT Mumbai20 Mar 2024AY 2021-22

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Gnp Consultancy & Dcit Solutions Private Limited Central Circle-6(1) Room No.1905, 19 Th Floor, Plot No.91, Shop No.1 Channel Classic Chs Sector Air India Building, Nariman Vs. Point 4 Kopar Khairne, Thane Mumbai-400 021 Mumbai-400 709 (Respondent) (Appellant) Pan No. Aadcg3716B Gnp Consultancy & Dcit Solutions Private Limited Central Circle-6(1) Plot No.91, Shop No.1 Room No.1905, 19 Th Floor, Channel Classic Chs Sector Air India Building, Nariman Vs. Point 4 Kopar Khairne, Thane Mumbai-400 021 Mumbai-400 709 (Appellant) (Respondent) Assessee By : Shri Nishit Gandhi, Advocate Revenue By : Shri Dr. Kishor Dhule, Cit Dr Date Of Hearing: 23.01.2024 Date Of Pronouncement : 20.03.2024

For Appellant: Shri Nishit Gandhi, AdvocateFor Respondent: Shri Dr. Kishor Dhule, CIT DR
Section 143Section 69

expenditure based on documents seized during search. The LD AO made addition of unaccounted business receipt of Rs 56.43 Cr and addition of unaccounted unexplained expenditure of Rs 5.48 Cr. 08. Assessee, aggrieved with assessment order preferred an appeal, which was decided on 2/6/2023 deleting the additions partly, and therefore ... wherein the unaccounted business Page 11 of 108 ITA No. 3110 & 2547/Mum/2023 GNP Consultancy and Solutions Private Limited; A.Y. 21-22 income and unexplained expenditure under section 69C of the act is considered. During search action in case of the group companies at shop number 1003, Rupa Solitaire, millennium business

Mr. Palanisamy Senthilkumar, Chennai vs. ITO, Ward 2(1), Tirupur

In the result, the appeal filed by the assessee in ITA

ITA 1601/CHNY/2023[2018-19]Status: DisposedITAT Chennai06 Mar 2024AY 2018-19

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No. 1601/Chny/2023 िनधा"रण वष" /Assessment Year:2018-2019 Shri. Palanisamy Senthilkumar, The Income Tax Officer, 73/1, Selvakumar Rice Mill, Vs. Ward 2(1) Mangalam Road, Tirupur 641 601. Andipalayam, Tirupur 641 687. [Pan: Bwups 6975B] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. J. Vamini, Advocate ""यथ" क" ओर से/Respondent By : Mr. D. Hema Bhupal, Irs, Jcit. सुनवाई क" तारीख/Date Of Hearing : 04.03.2024. घोषणा क" तारीख/Date Of Pronouncement : 06.03.2024 आदेश /O R D E R Per Mahavir Singh, Vp: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi In Order No.Itba/Nfac/S/250/2023- 24/1054384098 (1) Dated 15.07.2023. The Assessment Was Framed By The Additional/Joint/Deputy/Assistant Commissioner Of Income 2 Tax/ Income-Tax Officer, National E-Assessment Centre, Delhi U/S.143(3) R.W.S. 143(3A) & 143(3B) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) For The Assessment Year 2018-19 Vide Order Dated 03.04.2021. 2. The Only Issue In This Appeal Of Assessee Is As Regard To Order Of Ld. Commissioner Of Income (Appeals) (In Short ‘’Ld. Cit(A)’’) Sustaining/ Restricting The Addition At Rs.73,99,559/- As Against Addition Made By The Ld. Assessing Officer At Rs.2,42,58,153/- In Regard To Disallowance Of Expenditure Being Payment Of Commission & Brokerage Made To Contractors U/S.69C Of The Act Being Unexplained Expenditure.

For Appellant: Ms. J. Vamini, AdvocateFor Respondent: Mr. D. Hema Bhupal, IRS, JCIT
Section 143(3)Section 194HSection 44BSection 68Section 69C

Rs.2,42,58,153/- in regard to disallowance of expenditure being payment of commission and brokerage made to contractors u/s.69C of the Act being unexplained expenditure. 3. The brief facts of the case are that assessee is an individual carrying on the business as a trader in wearing apparels. Assessee

Tina Atul Godhwani, Mumbai vs. ITO 25(1)(5), Mumbai

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

ITA 3628/MUM/2023[2009-10]Status: DisposedITAT Mumbai28 Feb 2024AY 2009-10

Bench: Shri Aby T. Varkey, Jm & Shri Padmavathy S, Am आयकर अपील सं/ I.T.A. No.3628/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2009-10) Tina Atul Godhwani बिधम/ Ito-25(1)(5) 165, 5-B, Sanjay Building Bandra Kurla Complex, Vs. Mittal Industrial Estate, Mumbai-400051. Andheri Kurla Road, Andheri- East, Mumbai- 400059. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aezpt4607D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Yogendra T. Wakare सुनवाई की तारीख / Date Of Hearing: 21/02/2024 घोषणा की तारीख /Date Of Pronouncement: 28/02/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 22.08.2023 For The Assessment Year 2009-10. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Addition Of Rs.7 Lakhs Made By The Ao U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”) & Disallowance Of Interest To The Tune Of Rs.13,118/- & Addition Of Notional Commission Of Rs.14,000/- (Total Rs.7,27,118/-).

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Yogendra T. Wakare
Section 147Section 68Section 69C

Lakh u/s 68 of the Act and also disallowed interest paid to the M/s. Jasoda Exports to the tune of Rs.13,118/- as unexplained expenditure. Further, according to the AO, the assessee in order to avail the accommodation entry of Rs.7 Lakh from M/s. Jasoda, ought to have incurred