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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

Satyaprakash Maruti Prasad Sharma, Mumbai vs. ACIT-20(3), Mumbai

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

ITA 298/MUM/2023[2010-11]Status: DisposedITAT Mumbai29 May 2023AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.298/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2010-11) Satyaprakash Maruti Prasad बिधम/ Acit-20(3) Sharma R. No. 615, 6Th Floor, Vs. 55/4, Rishikesh Bhawan, Piramal Chambers, Aai Mai Merwanji Street, Lalbaug, Mumbai- Parel, Mumbai-400012. 400012. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aljps5054L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punamiya Revenue By: Ms. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 12/04/2023 घोषणा की तारीख /Date Of Pronouncement: 29/05/2023 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 10.01.2023 Passed For Ay 2010-11. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Addition Of Rs.41,79,889/- On Account Of Bogus Purchases. 3. Brief Facts As Noted By The Ao Are That The Assessee Is An Individual Engaged In The Business As Works Contractor (For Supply Of Display Counters By Making It At The Site Of Customer). The Assessee Had Filed Return Of Income On 12.10.2010 Declaring Total Income Of Rs.34,12,777/- Which Was Processed U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”). Later, An Information Was Received From The Office Of Dgit(Inv.), Mumbai That The Assessee Was Engaged In Showing Bogus Purchases & Is A Beneficiary Of Such Transaction. The Ao Has Taken Note Of Fifteen (15) Parties From Whom It Was Alleged

For Appellant: Shri Vimal PunamiyaFor Respondent: Ms. Mahita Nair (Sr. AR)
Section 133(6)Section 143(1)Section 147

amount of purchases claimed to have made by the assessee from the non-existent/bogus purchase entry provider parties needs to disallowed as unexplained expenditure. The assessee vide letter dtd. 29.11.2017 has claimed that out of the total 4 A.Y. 2010-11 Satyaprakash Maruti Prasad Sharma amount of purchase

DCIT, Circle-2(1)(1), Mumbai vs. M/S Kundan Jewellers Pvt Ltd, Mumbai

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

ITA 1035/MUM/2022[2017-18]Status: DisposedITAT Mumbai29 May 2023AY 2017-18

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaledcit, Circle – 2(1)(1) Vs. M/S. Kundan Jewellers Room No. 561, 5Th Floor Pvt Ltd Aayakar Bhavan, Mk 223, Sm Patil Bldg, Sv Road, Mumbai – 400 020 Road, Andheri (W), Mumbai – 400058. Pan/Gir No. : Aabck5770H Appellant .. Respondent Appellant By : Mr.Nihar Ranjan Samal.Dr Respondent By : Mr.Siddharth Kothari.Ar Date Of Hearing 19.05.2023 Date Of Pronouncement 29 .05.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac)/Cit(A), Delhi Passed U/S 143(3) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Mr.Nihar Ranjan Samal.DRFor Respondent: Mr.Siddharth Kothari.AR
Section 115JSection 142(1)Section 143(1)Section 143(2)Section 143(3)Section 68

addition under section 68 Held, yes [Paras 11.4, 11.5 and 14.4] [In favour of - assessee] II. Section 69C of the Income-tax Act, 1961 - Unexplained expenditure (Bogus sales/purchases) - Assessment years 2012-13 to 2014-15 Assessee-company was engaged in M/s. Kundan Jewellers Pvt Ltd, Mumbai. business of selling ... found, impugned addition was to be deleted - Held, yes [Para 15.1] [In favour of assessee] III. Section 69C of the Income-tax Act, 1961 - Unexplained expenditure (Bogus purchases) - Assessment years 2015- 16 to 2017-18 - Assessee-company was engaged in business of selling dry fruits Assessing Officer made addition

M/S. Patel Ambalal Hargovandas & Co., Surat vs. The DCIT, Central Circle-2, Surat

In the results, appeal filed by Revenue (in IT(SS)A Nos

ITA 185/SRT/2022[2020-21]Status: DisposedITAT Surat26 May 2023AY 2020-21

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं/.It(Ss)A No.49/Srt/2022 Assessment Year: (2019-20) (Physical Hearing) The Acit, Central Circle-2, Vs. Rasikbhai Narottamdas Patel, Surat. Flat No.9-10, Mahavir Nagar Co.Op H.S. Ltd., Bldg-12, Nr. Gayatri Mandir, Udhna Magdalla Road, Surat – 395007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Adgpp4550M (Appellant) (Respondent) आयकर अपील सं/.It(Ss)A No.86/Srt/2022 Assessment Year: (2015-16) The Dcit, Central Circle-2, Vs. Ashish Karamshibhai Koshiya, Surat. 40, Jivandeep Soceity, Singanpor Road, Katargam, Surat, Gujarat – 395004. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Aojpk1118G (Appellant) (Respondent) आयकर अपील सं/.Ita No.185/Srt/2022 Assessment Year: (2020-21) M/S. Patel Ambalal Hargovandas Vs. The Dcit, Central Circle-2 & Co., Surat. 5/725, Haripura, Bhavaniwad, Opp. Dhobi Sheri, Surat – 395003. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Aadfp2517N (Appellant) (Respondent) Appellant By Shri Ashok B. Koli, Cit(Dr) Shri Vartik Choksi, Shri Biren Shah & Shri Respondent By Nitin Gheewala, Ar Date Of Hearing 26/04/2023 Date Of Pronouncement 26/05/2023 आदेश /O R D E R Per Bench:

Section 132Section 143(3)Section 292CSection 69C

Ld.CIT(A) has erred in deleting the addition of Rs.1,79,99,000/- made by the Assessing Officer on account of unexplained expenditure under Section69C of the Act without appreciating the fact that the assessee has failed to explain the source of expenditure incurred with supporting evidences despite having incurred ... Ld.CIT(A) has erred in deleting the addition of Rs.1,79,99,000/- made by the Assessing Officer on account of unexplained expenditure under Sec.69C of the Act by observing that an addition is warranted purely on the basis of Page No.36 of Annexure A-3, without appreciating the fact