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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

Dy CIT CC 4(3), Mumbai vs. Shri. Rajesh Omprakash Agrawal, Thane

In the result ground number 1

ITA 1284/MUM/2020[2015-16]Status: DisposedITAT Mumbai01 May 2023AY 2015-16

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Dcit(Cc)4(3) Rajesh Omprakash Agrawal R No. 1921, 19Th Floor, Air 16 Sai Shyam Chhaya Kopar India Bldg, Nariman Point, Road, Dombivali West, Vs. Thane-421202 Mumbai-400 021 (Appellant) (Respondent) Dcit(Cc)4(3) Rajesh Omprakash Agrawal R No. 1921, 19Th Floor, Air 16 Sai Shyam Chhaya Kopar India Bldg, Nariman Point, Road, Dombivali West, Vs. Thane-421202 Mumbai-400 021 (Appellant) (Respondent) Pan No. Adypa5448F Assessee By : Shri. Ajay Daga, Ashok Bansal Revenue By : Ms Ridhi Mishra (Cit Dr) Date Of Hearing: 02.02.2023 Date Of Pronouncement : 01.05.2023

For Appellant: Shri. Ajay Daga, Ashok BansalFor Respondent: Ms Ridhi Mishra (CIT DR)
Section 10Section 132Section 133ASection 142Section 143Section 153ASection 153C

ld.CIT(A) erred in confirming the addition of ₹ 1,43,701/- being alleged commission paid for availing alleged bogus long-term capital gain as unexplained expenditure. 5. In doing so, the ld.CIT(A) did not appreciate that not an iota of evidence was brought on record to support the addition ... well as the addition of ₹ 143,701/– on account of the alleged commission paid for availing alleged bogus long-term capital gain as unexplained expenditure under section 69C of the act cannot be made in the hands of the assessee, hence, deleted. 019. Accordingly, ground number

Gopal Krishna S Revankar, Mumbai vs. Assistant Commissioner of Income Tax - Circle 19(2) (Now Assistant Commissioner of Income Tax 22(3)), Mumbai

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

ITA 1164/MUM/2018[2002-03]Status: DisposedITAT Mumbai21 Apr 2023AY 2002-03

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No. 1164/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2002-03) Gopal Krishna S. Revankar बिधम/ Acit, Circle-19(2) (Now Lotus House, Off Andheri- Acit-22(3) Vs. Kurla Road, Sakinaka, Piramal Chambers, Andheri (E), Mumbai- Lalbaugh, Mumbai. 400072. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaapr4742C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Mitesh Mehta Revenue By: Shri Sanjeev Ranjan (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 24/01/2023 घोषणा की तारीख /Date Of Pronouncement: 21/04/2023 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)-34, Mumbai Dated 21.12.2017 For Assessment Year 2002-03. 2. The Grounds Of Appeal Raised By The Assessee Are As Under: - “1. The Learned Cit(A) Erred In Not Realizing The Fact That The Appellant Has Already Added Rs. 10,43,700/- To Its Total Income After Considering Rs.7,65,000/- From Meenakshi Bhavan & Other Receipts In The Rough Cash Book & Loose Papers Found During The Survey Action On The Assessee On 28.2.2002. 2. The Learned Cit (A) Erred In Making Addition Of Rs. 7,70,536/- On Account Of Unexplained Cash Found During The Survey. This Amounts To Taxing The Same Amount Twice. 3. The Learned Cit(A) Erred In Making Addition Of Rs. 7,65,000/- On Account Of Unaccounted Receipts From Meenakshi Bhavan Resulting Into Taxing The Same Income Three Times.

For Appellant: Shri Mitesh MehtaFor Respondent: Shri Sanjeev Ranjan (Sr. AR)
Section 133A

assessee, unless AO has been able to show that the same has been utilized for investment same where else or assessee has made unexplained expenditure. Since Rs.7.65 Lakh was in the hands of assessee (as confirmed by us) it should be presumed 12 A.Y. 2002-03 Gopal Krishna S. Revankar

unexplained expenditure — 3,276 case laws | BharatTax