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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

ACIT(E), Lucknow vs. M/S. Bhagwant Institute of Technology, Bijnor

ITA 219/LKW/2020[2013-14]Status: DisposedITAT Lucknow31 Oct 2025AY 2013-14

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita No.219/Lkw/2020 निर्धारण वर्ष/ Assessment Year: 2013-14 Acit (Exemptions) V. M/S. Bhagwant Institute Of Technology T. C. 46V, 5Th Floor, U.P.S.I.D.C Ltd., Vibhutikhhand, Gomti Nagar, Lucknow-226001. Avas Vikas Coloney, Bijnor-243001. Pan:Aaatb4195M अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कि और से/Appellant By: Shri R. K. Agarwal Cit(Dr) प्रत्यर्थी कि और से /Respondent By: Shri Vinod Kumar, Ca सुनवाई कि तारीख / Date Of Hearing: 05 08 2025 घोषणा कि तारीख / Date Of Pronouncement: 31 10 2025 आदेश / O R Der Per Kul Bharat.: This Appeal, By The Revenue, Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-Moradabad Dated 17.03.2020, Pertaining To The Assessment Year 2013-14. The Revenue Has Raised The Following Grounds Of Appeal: “1. Ld. Commissioner Of Income Tax (A) Has Erred In Law & Facts By Allowing The Benefit Of Section 11 Thereby Deleting The Addition Of Rs.2,66,94,072/- In The Form Of Admission & Smart Card Fees, Exam Fee, Fee Receipts, Projects Fees, Uniform Fees, Internet Fees & Book Bank Receipts From The Students Beyond The Prescribed Amount Of Fees As Decided By The Govt. Authorities, Which Clearly Indicates That The Objects Of The Assessee Are Not Charitable; 2. Ld. Commissioner Of Income Tax (A) Has Erred In Law & Facts In Deleting The Addition/Disallowance Of Rs.37,55,277/- Ignoring The Fact That The Assessee Could Not Substantiate It'S Claim With Documentary Evidences

For Appellant: Shri R. K. Agarwal CIT(DR)For Respondent: Shri Vinod Kumar, CA
Section 11Section 143(2)

business concerns being run by the member of the managing committee of the society and view of unsatisfactory replies amount is treated as unexplained expenditure. 5. Ld. Commissioner of Income Tax (A) has erred in law and facts in deleting the addition/disallowance of Rs.4,42,09,433/- ignoring the fact ... following additions made by AO and deleted by Ld. CIT (Appeals). Excess of Income over expenditure Unpaid Scholarship Fees Fees, Exam and Training Expenses Unexplained Expenditure regarding Baxil Pharma Pvt. Ltd. Unexplained expenditure regarding Concrete Technologies

Eamani Infrastructure Private Limited, Hyderabad vs. DCIT, Central Circle-1(2), Hyderabad

In the result, appeal of the Assessee is allowed

ITA 1434/HYD/2025[2022-23]Status: DisposedITAT Hyderabad31 Oct 2025AY 2022-23

Bench: Shri Vijay Pal Rao & Shri Manjunatha Gआ.अपी.सं /Ita No.1434/Hyd./2025 िनधा"रण वष"/Assessment Years 2022-2023 Eamani Infrastructure The Dcit, Private Limited, Central Circle-1(2), Hyderabad – 500 073. Vs. Hyderabad. Pan Aadce9-76A Pin – 500 004. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By : Sri H Srinivasulu, Advocate राज" व "ारा/Revenue By : Sri Krishna Moorthy K. Sr. Ar सुनवाई की तारीख/Date Of Hearing: 28.10.2025 घोषणा की तारीख/Pronouncement: 31.10.2025 आदेश/Order Per Vijay Pal Rao:

For Appellant: Sri H Srinivasulu, AdvocateFor Respondent: Sri Krishna Moorthy K. Sr. AR
Section 115BSection 132Section 65BSection 69C

towards the site development is duly explained as per the cash book produced by the assessee and, therefore, the same cannot be added as unexplained expenditure u/sec.69C of the Act. Thus, the learned Authorised Representative of the Assessee has submitted that the 8 ITA.No.1434/Hyd./2025 addition made ... message and the transactions recorded in the diary found and seized during the course of search and consequently, he has admitted Rs.35 lakhs as unexplained expenditure and offered to tax. Therefore, the Assessing Officer was justified in making the additions on account of unexplained expenditure incurred by the assessee towards