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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

Suresh Seksaria, Mumbai vs. CIT (Appeals), NFAC, Delhi

In the result, the appeal filed by the assessee is allowed

ITA 1578/MUM/2021[2011-12]Status: DisposedITAT Mumbai07 Jun 2022AY 2011-12

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalsuresh Seksaria Vs. Cit(A) – Nfac 5Th Floor, Seksaria Delhi. Chambers, 139 Nagindas Master Road, Fort, Mumbai – 400 001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aafps0078K Appellant .. Respondent Appellant By : Shri Ameet Patel.Ar Respondent By : Shri Pramod Nikalje.Dr Date Of Hearing 16.06.2022 Date Of Pronouncement 20.06.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Cit(A)- National Faceless Appeal Centre (Nfac) Delhi Passed U/S 143(3) R.W.S 147 & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Ameet Patel.ARFor Respondent: Shri Pramod Nikalje.DR
Section 143(2)Section 143(3)Section 148Section 69Section 69C

prays that the addition of Rs. 9,84,750 be deleted. DISALLOWANCE OF COMMISSION AMOUNTING TO Rs.19,695 AND THE SAME IS ADDED AS UNEXPLAINED EXPENDITURE U/S 69C Suresh Seksaria, Mumbai 2.1 On the facts and circumstances of the case and in law, the learned CITA erred in confirming ... Assessing Officer in respect of commission expenditure amounting to Rs19,695 to the extent of 2% of the purchases u/s. 69C as unexplained expenditure. 2.2 In doing so, the learned CITA has relied on assumptions and surmises and has wrongly concluded that the appellant has necessarily paid commission

ACIT 18(3), Mumbai vs. Shivprakash S Chandak, Mumbai

In the result, the appeal of the learned Assessing Officer, as well as the Cross Objection of the assessee are allowed with above directions

ITA 3765/MUM/2019[2015-16]Status: DisposedITAT Mumbai13 May 2022AY 2015-16

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Shri Shivprakash S Chandak The Asst. Commissioner Of 412, 4Th Floor, Orion Business Income Tax, Park Near Cine Wonder Mall Circle 18(3), Service Road Room No. 609, 6Th Floor, Ghodbunder Road Vs. Earnest House, Kapurbavadi Naka, Nariman Point, Thane West, Mumbai-400 021 Mumbai-400 601 (Appellant) (Respondent) Pan No. Aadpc1041N Co No. 122/Mum/2021 (Arising In Ita No.3765/Mum/2019 For 2015–16) Shri Shivprakash S Chandak The Asst. Commissioner Of 412, 4Th Floor, Orion Business Income Tax, Park Near Cine Wonder Mall Circle 18(3), Service Road Room No. 609, 6Th Floor, Ghodbunder Road Vs. Earnest House, Kapurbavadi Naka, Nariman Point, Thane West, Mumbai-400 021 Mumbai-400 601 (Appellant) (Respondent)

For Appellant: Shri Pranav Phadke, ARFor Respondent: Shri Avanish Tiwari, DR
Section 143(3)Section 69C

made an addition of `31,34,731/– on account of undisclosed sales of imported goods. The learned Assessing Officer further made an addition of unexplained expenditure under section 69C of the Act of `3,18,73,218/– being difference in import of goods and amount of imports recorded in books ... paid on unrecorded transactions to the extent of Rs.39,74,452/- This amount needs to be added as Shivprakash S Chandak; A.Y. 15–16 unexplained expenditure u/s.69C on the Income Tax Act. The conclusion is supported by recent judgement of the Hon'ble Gujarat High Court in case