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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- 32(1), Mumbai vs. M/S. Glitter Jewels, Mumbai

In the result, the appeal of the In the result, the appeal of the Revenues allowed for statistical allowed for statistical purposes

ITA 1366/MUM/2022[2013-14]Status: DisposedITAT Mumbai27 Sept 2022AY 2013-14

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2013-14 Dy. Cit-32(1), M/S Glitter Jewels, Room No. 702, 7Th Floor, Kautilya 120/B, Mandpeshwar Ind. Bhavan, Bandra Kurla Complex, Vs. Estate, Opp. Prem Nagar, Bandra (East), Borivali (W), Mumbai-400051. Mumbai-400092. Pan No. Aaafg 5495 R Appellant Respondent Revenue By : Mr. Hoshang B. Irani, Dr Assessee By : Mr. Kiran Mehta & Ravi Dasija, Ars Date Of Hearing : 24/08/2022 Date Of Pronouncement : 27/09/2022

For Appellant: Mr. Kiran Mehta & Ravi Dasija, ARsFor Respondent: Mr. Hoshang B. Irani, DR
Section 133Section 133A

concealment of income.” 4. The Ld. CIT(A) upheld the disallowance of Ld. CIT(A) upheld the disallowance of ₹ ₹53,29,220/- for unexplained expenditure on wedding, however deleted the addition unexplained expenditure on wedding, however deleted the addition unexplained expenditure on wedding, however deleted the addition for discrepancy ... stock taken by the values unaccounted summary inventory of stock taken by the values unaccounted summary inventory of stock taken by the values unaccounted unexplained expenditure and check up with your accountant staff and unexplained expenditure and check up with your accountant staff and unexplained expenditure and check up with

Pushpaben Chandulal Shah, Mumbai vs. CIT (A) NFAC, Mumbai

In the result, appeal filed by the assessee is allowed with the above directions

ITA 2096/MUM/2021[2011-12]Status: DisposedITAT Mumbai16 Sept 2022AY 2011-12

Bench: Shri Kuldip Singh & Shri Gagan Goyalpushpaben Chandulal Shah, D-3, Siddhapura Industrial Estate, L.B.S Marg, Ghatkopar (W), Mumbai-400086. Pan: Aapps2890B ...... Appellant Vs. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Mumbai. ..... Respondent Appellant By : Sh. Rajesh Shah & Sh. Nimish Shah Respondent By : Sh. Ashish Kumar, Sr. Dr Date Of Hearing : 04/07/2022 Date Of Pronouncement : 16/09/2022 Order Per Gagan Goyal, A.M:

For Appellant: Sh. Rajesh Shah & Sh. Nimish ShahFor Respondent: Sh. Ashish Kumar, Sr. DR
Section 133(6)Section 143(1)Section 148Section 250Section 33(6)

taxmann.com 459 (Bombay) Principal Commissioner of Income-tax-17 v. Mohommad Haji Adam & Co. Section 69C of the Income-tax Act, 1961 - Unexplained expenditure (Bogus purchases) - Assessee was a trader of fabrics - In course of assessment, Assessing Officer noted that certain purchases made by assessee were bogus - He thus added ... taxmann.com 245 (Bombay) Principal Commissioner of Income-tax v. Batliboi Environmental Engineering Ltd.* I. Section 69C of the Income-tax Act, 1961 - Unexplained expenditure (Bogus purchases) - Assessment year 2011-12 - Assessing Officer treated purchases made by assessee as bogus purchases and disallowed in totality - Commissioner (Appeals) directed Assessing Officer

ITO WD - 25(2)(3), Mumbai vs. Denish Harilal Shah, Mumbai

In the result, appeal filed by the Revenue is dismissed with the above directions

ITA 3617/MUM/2018[2012-13]Status: DisposedITAT Mumbai16 Sept 2022AY 2012-13

Bench: Shri Aby T Varkey & Shri Gagan Goyalito, Ward-25(2)(3), C-10, R.No. 504, 5Th Floor, Pratyakshkar Bhavan, Bkc, Bandra, Mumbai-400051. ..... Appellant Vs. Mr. Denish Harilal Shah Flat No. 101, 1St Floor, Paan Villa, Sarojini Road, Vile Parle (W), Mumbai-400057 Pan: Awgps3773C ...... Respondent C.O. No. 48/Mum/2020 In Ita No. 3617/Mum/2018 (A.Y. 2012-13) Mr. Denish Harilal Shah Flat No. 101, 1St Floor, Paan Villa, Sarojini Road, Vile Parle (W), Mumbai-400057 Pan: Awgps3773C ...... Appellant Vs. Ito, Ward-25(2)(3), C-10, R.No. 504, 5Th Floor, Pratyakshkar Bhavan, Bkc, Bandra, Mumbai-400051. ..... Respondent Appellant/Assessee By : Sh. Bharat Kumar Respondent/Respondent By : Sh. Mahita Nair

For Appellant: Sh. Bharat KumarFor Respondent: Sh. Mahita Nair
Section 143(1)Section 151

taxmann.com 459 (Bombay) Principal Commissioner of Income-tax-17 v. Mohommad Haji Adam & Co. Section 69C of the Income-tax Act, 1961 - Unexplained expenditure (Bogus purchases) - Assessee was a trader of fabrics - In course of assessment, Assessing Officer noted that certain purchases made by assessee were bogus - He thus added ... taxmann.com 245 (Bombay) Principal Commissioner of Income-tax v. Batliboi Environmental Engineering Ltd.* I. Section 69C of the Income-tax Act, 1961 - Unexplained expenditure (Bogus purchases) - Assessment year 2011-12 - Assessing Officer treated purchases made by assessee as bogus purchases and disallowed in totality - Commissioner (Appeals) directed Assessing