← All Phrases

“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

Santosh Arun Kaspate, Pune vs. DCIT, Cir-8, Pune

In the result, the appeal filed by the assessee in ITA

ITA 2199/PUN/2025[2013-14]Status: DisposedITAT Pune05 Jan 2026AY 2013-14

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2198 & 2199/Pun/2025 िनधा"रण वष" / Assessment Year : 2013-14 Santosh Arun Kaspate, Vs. Dcit, Circle-8, Pune. Panchwati Niwas Kaspate Vasti, Wakad, Pune- 411027. Pan : Acypk3347C Appellant Respondent Assessee By : None Revenue By : Shri Umesh Phade Date Of Hearing : 24.11.2025 Date Of Pronouncement : 05.01.2026 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 25.07.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2013-14 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.2198/Pun/2025 For Adjudication As The Lead Case.

For Appellant: NoneFor Respondent: Shri Umesh Phade
Section 143(3)Section 68

through banking channels. 5. That the learned CIT(A) erred in sustaining the disallowance of commission expenditure of ₹23,58,632/-, treating it as unexplained expenditure, despite the fact that the expenditure was duly incurred through banking channels and commission ledger and confirmation letter was produced. 6. That the learned ... above assessed income includes additions on account of unexplained credits/ unsecured loan Rs.78 lakhs, unexplained credits/cash deposit in bank of Rs.10 lakhs and unexplained expenditure of Rs.23,58,632/- for earning commission income. 6. Being aggrieved with the above assessment order, the assessee preferred an appeal before

Santosh Arun Kaspate, Pune vs. DCIT, Cir-8, Pune

In the result, the appeal filed by the assessee in ITA

ITA 2198/PUN/2025[2013-14]Status: DisposedITAT Pune05 Jan 2026AY 2013-14

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2198 & 2199/Pun/2025 िनधा"रण वष" / Assessment Year : 2013-14 Santosh Arun Kaspate, Vs. Dcit, Circle-8, Pune. Panchwati Niwas Kaspate Vasti, Wakad, Pune- 411027. Pan : Acypk3347C Appellant Respondent Assessee By : None Revenue By : Shri Umesh Phade Date Of Hearing : 24.11.2025 Date Of Pronouncement : 05.01.2026 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 25.07.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2013-14 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.2198/Pun/2025 For Adjudication As The Lead Case.

For Appellant: NoneFor Respondent: Shri Umesh Phade
Section 143(3)Section 68

through banking channels. 5. That the learned CIT(A) erred in sustaining the disallowance of commission expenditure of ₹23,58,632/-, treating it as unexplained expenditure, despite the fact that the expenditure was duly incurred through banking channels and commission ledger and confirmation letter was produced. 6. That the learned ... above assessed income includes additions on account of unexplained credits/ unsecured loan Rs.78 lakhs, unexplained credits/cash deposit in bank of Rs.10 lakhs and unexplained expenditure of Rs.23,58,632/- for earning commission income. 6. Being aggrieved with the above assessment order, the assessee preferred an appeal before