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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-Circle-22(1), Mumbai vs. Mr Jamil Ahmed Quireshi, Mumbai

ITA 1202/MUM/2021[2010-11]Status: DisposedITAT Mumbai29 Jun 2022AY 2010-11

Bench: Shri M Balaganesh & Pavan Kumar Gadaledcit, Circle – 22(1), Vs. Mr. Jamil Ahmed Room No. 322, 3Rd Floor, Qureshi Piramal Chambers, Lal 102, Emerland Baug, Parel, Apartment, Near Dadar Mumbai-400012. Shakari Bank, Santacruz (W), Mumbai – 400055. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpq1063C Appellant .. Respondent Appellant By : Shri S.N.Kabra.Dr Respondent By : Shri Dhaval Jariwala.Ar Date Of Hearing 23.05.2022 Date Of Pronouncement 23.06.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals) -32 Mumbai Passed U/S 143(3) & 250 Of The Income Tax Act, 1961. The Revenue Has Raised The Following Grounds Of Appeal.

For Appellant: Shri S.N.Kabra.DRFor Respondent: Shri Dhaval Jariwala.AR
Section 131Section 133ASection 143(1)Section 143(2)Section 143(3)Section 69C

erred in deleting the addition of Rs.1,40,78,000/- under section 69C of the Act as unexplained expenditure. (e) Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) ignored the fact that though the deeds for the purchase shows that the plots ... above, it is respectfully submitted that the addition of Rs 1,40,78,000 which was made u/s 69C of the IT Act as unexplained expenditure in the Assessment Order dated 28/03/2013 as the assessee could not explain source of investment. Now at the appellate stage, the assessee has attempted