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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

DCIT, Cr Building vs. Gulshan Polyols Limited, Laxmi Nagar

In the result, the appeal filed by the Revenue is dismissed

ITA 5551/DEL/2024[2019-20]Status: DisposedITAT Delhi28 Jan 2026AY 2019-20

Bench: Shris.Rifaur Rahman & Shri Anubhav Sharmadcit (Osd), Range 10, Vs. M/S. Gulshan Polyols Limited, New Delhi. G – 81, Preet Vihar, Anand Vihar, East Delhi, Delhi – 110 092. (Pan : Aabcg3954F) Co No.47/Del/2025 (In Ita No.5551/Del/2024) (Assessment Year: 2019-20) M/S. Gulshan Polyols Limited, Vs. Dcit (Osd), Range 10, G – 81, Preet Vihar, New Delhi. Anand Vihar, East Delhi, Delhi – 110 092. (Pan : Aabcg3954F) (Appellant) (Respondent) Assessee By : Mohd. Shahid, Ca Revenue By : Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing : 10.11.2025 Date Of Order : 28.01.2026 O R D E R Per S. Rifaur Rahman: 1. The Revenue Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi [“Ld. Cit (A)”, For Short] Dated 29.11.2024 For The Assessment Year

For Appellant: Mohd. Shahid, CAFor Respondent: Shri Rajesh Kumar Dhanesta, SR. DR
Section 133(6)Section 133ASection 143(2)Section 148ASection 68Section 69C

genuine 3 CO No.47/Del/2025 transactions with Madan Lal Madho Prasad. Based on the statement of Ashok Kumar Gupta, he treated the purchase transactions as unexplained expenditure u/s 69C of the Act and proceeded to make the addition of Rs.5,30,000/-. 3. With regard to sales transaction, based ... Whether the Ld. CIT(A) has erred both in law and facts by deleting the addition of Rs. 5,30.0001- on account of unexplained expenditure u/s 69 of the Act?” 6. At the time of hearing, ld. DR of the Revenue brought to our notice para 3.2 of the appellate

DCIT, Circle - 19(1), Delhi vs. Ramayna Ispat Pvt. Ltd., Delhi

In the result, the appeal of the assessee and Revenue are dismissed

ITA 4147/DEL/2024[2018-19]Status: DisposedITAT Delhi28 Jan 2026AY 2018-19

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalramayna Ispat Private Limited, Dcit, A-48, 1St Floor, Wazirpur Circle-19(1), Industrial Area, Delhi-110052. Vs. New Delhi. Pan-Aaccr7382R (Appellant) (Respondent) Dcit, Ramayna Ispat Private Limited, A-48, 1St Floor, Wazirpur Circle-19(1), New Delhi. Vs. Industrial Area, Delhi-110052. Pan-Aaccr7382R (Appellant) (Respondent) Assessee By Shri Maneesh Upneja, Ca, Shri Baldev Raj, Ca & Ms. Sanju Kumari, Adv. Department By Shri Khitesh Gupta, Sr. Dr Date Of Hearing 27/11/2025 Date Of Pronouncement 27/11/2025 O R D E R Per Manish Agarwal, Am: These Cross Appeals Are Filed By The Assessee & Revenue Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Ld. Cit(A)] Dated 11.07.2024 U/S 250 Of The Income Tax Act, 1961 (“The Act” In Short) For Assessment Year 2018-19. Ramayna Ispat Pvt. Ltd. Vs. Ito 2. Brief Facts Of The Case Are That The Assessee Is A Private Ltd. Company Engaged In The Business Of Manufacturing, Processing, Forging, Casting Mixing Of Various Kinds Of Steel, Carbon Settle, Mild Steel, Stainless Steel, High Speed Steel & Bright Steel Etc. The Return Of Income Was Revised On 28.10.2018 At An Income Of Rs.1,00,96,587/-. The Case Of The Assessee Was Reopened U/S 148 For The Reason That Assessee Has Taken Accommodation Entries Of Bogus Purchases & After Considering The Submissions Made, Ao Had Made The Addition Of Rs.5,78,99,593/- U/S 69C Of The Act Towards Unexplained Expenditure On Account Of Bogus Purchase & Further Invoked The Provisions Of Section 115Bbe Of The Act. The Ao Further Made An Addition Of Rs.3,14,795/- By Estimating The Net Profit Declared By The Assessee. Besides This Further Disallowance Of Rs.9,37,608/- Was Made Out Of Freight Expenses And, Accordingly, The Total Income Of The Assessee Was Assessed At Rs.6,87,83,788/-.

Section 115BSection 147Section 148Section 250Section 690Section 69C

bogus purchases and after considering the submissions made, AO had made the addition of Rs.5,78,99,593/- u/s 69C of the Act towards unexplained expenditure on account of bogus purchase and further invoked the provisions of section 115BBE of the Act. The AO further made an addition of Rs.3 ... bogus paper entities during reassessment proceedings as well as during appellate proceedings, therefore the same was rightly disallowed by the assessing officer being unexplained expenditure u/s 690 of the Act. (ii) Whether on facts of the case and in law, the Ld. CIT(A) has erred in applying the Gross

Luvkesh Textile Industries Pvt Ltd, Mumbai vs. DCIT Circle 4(2)(1), Mumbai

In the result the both the appeals are allowed for statistical purposes

ITA 6054/MUM/2025[2018-19]Status: DisposedITAT Mumbai27 Jan 2026AY 2018-19

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankarluvkesh Textile Industries Pvt. Deputy Commissioner Ltd. Of Income Tax Circle 201, Maxheal House, Swami 4(2)(1) Vs. Ayyappa Mandir Marg, Bangur Aayakar Bhavan, Nagar, Goregaon West, Maharishi Karve Road, Mumbai - 400104 Mumbai - 400020 Pan: Aaacl7421K (Appellant) (Respondent) Deputy Commissioner Of Lukesh Textile Industries Income Tax Circle Private Limited 4(2)(1) Vs. 21/22 A Chunawal Ind Estate, 640 Aayakar Bhavan, Condivita Lane, Andheri East, Maharishi Karve Road, Mumbai - 400020 Mumbai - 400020 Pan: Aaacl7421K (Appellant) (Respondent) Present For: Assessee By : Shri A. L. Sharma, Ar Revenue By : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 04.12.2025 Date Of Pronouncement : 27.01.2026 आदेश / O R D E R Per Prabhash Shankar [A.M.] :- The Instant Appeals Have Been Preferred By Both The Assessee & The Revenue Which Emanate From The Appellate Order Passed By The Ld. Cit(A)/National Faceless Appeal Centre (Nfac), Delhi, [Hereinafter Referred To As “Cit(A)”] With Regard To The Assessment Order Passed Under Luvkesh Textile Industries Pvt. Ltd. Section 147 R.W.S. 144 Of The Income Tax Act 1961, (In Short ‘The Act’) Dated 22.03.2024 A.Y. 2018-19. 2. The Revenue Has Raised Following Grounds Of Appeal :

For Appellant: Shri A. L. Sharma, ARFor Respondent: Shri Surendra Mohan, Sr. DR
Section 131Section 147Section 69C

entities should not be treated as bogus purchases and disallow the same from the expenditure claimed. It was proposed to treat the same as unexplained expenditure u/s 69C of the Act and assessed under the head “Income from Other Sources”. However, the assessee did not file it reply ... there was no physical delivery of goods, Rs.8,16,24,351/- was treated as bogus purchases the expenditure claimed was disallowed and treated as unexplained expenditure u/s 69C of the Act. Luvkesh Textile Industries Pvt. Ltd. 4. In the subsequent appeal, the assessee agitated the above addition claiming the purchases

DCIT-421, Mumbai vs. Lukesh Textile Industries Private Limited, Mumbai

In the result the both the appeals are allowed for statistical purposes

ITA 5924/MUM/2025[2018-19]Status: DisposedITAT Mumbai27 Jan 2026AY 2018-19

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankarluvkesh Textile Industries Pvt. Deputy Commissioner Ltd. Of Income Tax Circle 201, Maxheal House, Swami 4(2)(1) Vs. Ayyappa Mandir Marg, Bangur Aayakar Bhavan, Nagar, Goregaon West, Maharishi Karve Road, Mumbai - 400104 Mumbai - 400020 Pan: Aaacl7421K (Appellant) (Respondent) Deputy Commissioner Of Lukesh Textile Industries Income Tax Circle Private Limited 4(2)(1) Vs. 21/22 A Chunawal Ind Estate, 640 Aayakar Bhavan, Condivita Lane, Andheri East, Maharishi Karve Road, Mumbai - 400020 Mumbai - 400020 Pan: Aaacl7421K (Appellant) (Respondent) Present For: Assessee By : Shri A. L. Sharma, Ar Revenue By : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 04.12.2025 Date Of Pronouncement : 27.01.2026 आदेश / O R D E R Per Prabhash Shankar [A.M.] :- The Instant Appeals Have Been Preferred By Both The Assessee & The Revenue Which Emanate From The Appellate Order Passed By The Ld. Cit(A)/National Faceless Appeal Centre (Nfac), Delhi, [Hereinafter Referred To As “Cit(A)”] With Regard To The Assessment Order Passed Under Luvkesh Textile Industries Pvt. Ltd. Section 147 R.W.S. 144 Of The Income Tax Act 1961, (In Short ‘The Act’) Dated 22.03.2024 A.Y. 2018-19. 2. The Revenue Has Raised Following Grounds Of Appeal :

For Appellant: Shri A. L. Sharma, ARFor Respondent: Shri Surendra Mohan, Sr. DR
Section 131Section 147Section 69C

entities should not be treated as bogus purchases and disallow the same from the expenditure claimed. It was proposed to treat the same as unexplained expenditure u/s 69C of the Act and assessed under the head “Income from Other Sources”. However, the assessee did not file it reply ... there was no physical delivery of goods, Rs.8,16,24,351/- was treated as bogus purchases the expenditure claimed was disallowed and treated as unexplained expenditure u/s 69C of the Act. Luvkesh Textile Industries Pvt. Ltd. 4. In the subsequent appeal, the assessee agitated the above addition claiming the purchases

Deputy Commissioner of Income Tax, Central Circle-1(4), Chennai vs. Periyasamy Anbunathan, Karur

ITA 1595/CHNY/2025[2015]Status: DisposedITAT Chennai23 Jan 2026

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita Nos.1488 & 1489/Chny/2025 निर्धारण वर्ष/Assessment Years: 2015-16 & 2016-17 Periyasamy Anbunathan, No.10/97C, Ayyampalayam, Thottakurichi Post, Karur-639 113. [Pan: Ahmρα 6511 H] (अपीलार्थी/Appellant) V. The Dcit, Central Circle-1(4), Chennai. (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita Nos.1529, 1536, 1595 & 1596/Chny/2025 निर्धारण वर्ष/Assessment Years: 2014-15, 2017-18, 2015-16 & 2016-17 & Cross-Objection Nos.45 & 46/Chny/2025 [In Ita Nos.1595 & 1596/Chny/2025] निर्धारण वर्ष/Assessment Years: 2015-16 & 2016-17 The Dcit, Central Circle-1(4), Chennai. (अपीलार्थी/Appellant) V. Periyasamy Anbunathan, No.10/97C, Ayyampalayam, Thottakurichi Post, Karur-639 113. [Pan: Ahmρα 6511 H] (प्रत्यर्थी/Respondent/Cross Objector) अपीलार्थी की ओर से/ Assessee By : Mr.J.K. Reddy, Ca प्रत्यर्थी की ओर से /Department By : Ms.E. Pavuna Sundari, Cit सुनवाईकीतारीख/Date Of Hearing : 29.10.2025 घोषणाकीतारीख /Date Of Pronouncement : 23.01.2026

For Appellant: Mr.J.K. Reddy, CAFor Respondent: Ms.E. Pavuna Sundari, CIT
Section 131Section 132Section 132(4)Section 250

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