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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

Lexus Softmac, Surat vs. DCIT, Circle 1(1)(1), Surat

In the result, assessee’s appeal ITA No

ITA 703/SRT/2024[2015-16]Status: DisposedITAT Surat25 Sept 2025AY 2015-16

Bench: Ms. Suchitra Raghunath Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.702 & 703/Srt/2024 Ays: (2014-15 &2015-16) (Hybrid Hearing) Lexus Softmac, Deputy Commissioner Of F -3 To F-6, Gujarat Hira Bourse, Income-Tax, Circle 1(1)(1), बनाम/ Gems & Jewellery Park, Surat Room No.108, Vs. Ichchhapore, Aayakar Bhawan, Majura Surat - 394510 Gate, Opp. New Civil Hospital, Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabfl 0495 P (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Deven K Kapadia, C.A. राज" की ओर से /Respondent By Shri Ajay Uke, Sr. Dr सुनवाई की तारीख/Date Of Hearing 19/08/2025 उद्घोषणा की तारीख/Date Of Pronouncement 25/09/2025

Section 143(3)Section 234ASection 250Section 271(1)(c)Section 69C

Lexus Softmac to reduce the profit by the same amount. Therefore, the amount of Rs.95,44,367/- was treated as unexplained expenditure u/s.69C of the Act and the same was added back to the total income of the assessee firm. Also, commission of Rs.47,722/-, being @ 0.5% of the total ... bogus purchase bills, was also treated as unexplained expenditure and added to the total income of the assessee. 7. Aggrieved by the order of AO, the assessee filed appeal before the CIT(A). The CIT(A) after considering the facts and material available on records, requested the assessee to furnish

Lexus Softmac, Surat vs. DCIT, Circle1(1)(1), Surat

In the result, assessee’s appeal ITA No

ITA 702/SRT/2024[2014-15]Status: DisposedITAT Surat25 Sept 2025AY 2014-15

Bench: Ms. Suchitra Raghunath Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.702 & 703/Srt/2024 Ays: (2014-15 &2015-16) (Hybrid Hearing) Lexus Softmac, Deputy Commissioner Of F -3 To F-6, Gujarat Hira Bourse, Income-Tax, Circle 1(1)(1), बनाम/ Gems & Jewellery Park, Surat Room No.108, Vs. Ichchhapore, Aayakar Bhawan, Majura Surat - 394510 Gate, Opp. New Civil Hospital, Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabfl 0495 P (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Deven K Kapadia, C.A. राज" की ओर से /Respondent By Shri Ajay Uke, Sr. Dr सुनवाई की तारीख/Date Of Hearing 19/08/2025 उद्घोषणा की तारीख/Date Of Pronouncement 25/09/2025

Section 143(3)Section 234ASection 250Section 271(1)(c)Section 69C

Lexus Softmac to reduce the profit by the same amount. Therefore, the amount of Rs.95,44,367/- was treated as unexplained expenditure u/s.69C of the Act and the same was added back to the total income of the assessee firm. Also, commission of Rs.47,722/-, being @ 0.5% of the total ... bogus purchase bills, was also treated as unexplained expenditure and added to the total income of the assessee. 7. Aggrieved by the order of AO, the assessee filed appeal before the CIT(A). The CIT(A) after considering the facts and material available on records, requested the assessee to furnish

Saket Agarwal, Delhi vs. Income Tax Officer, Ward -45(2), Delhi

In the result, appeal of the assessee is partly allowed

ITA 6116/DEL/2024[2017-18]Status: DisposedITAT Delhi24 Sept 2025AY 2017-18

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2017-18] Shri Saket Agrawal, Vs Ito, 392/1, 2Nd Floor, Ward-45(2), Sainik Vihar, Pitam Pura, Delhi Delhi-110085. Pan-Aavpa3410D Appellant Respondent Appellant By Dr. Rakesh Gupta, Adv., Shri Somil Aggarwal, Adv. & Shri Saksham Aggarwal, Ca Respondent By Shri Narpat Singh, Sr. Dr Date Of Hearing 26.06.2025 Date Of Pronouncement 24.09.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 10.12.2024 Passed By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Cit(A), Delhi-15/10489/2019-20 U/S 250 Of The Income Tax Act,1961 [“The Act”] Arising Out Of Assessment Order Dated 31.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Is An Individual & Filed His Return Of Income On 26.03.2018, Declaring Total Income Of Inr 10,02,940/-. The Case Of The Assessee Was Selected For Complete Scrutiny For The Reason That Assessee Has Deposited Cash In Specified Bank Notes (Sbn) During Demonetization & Due To The Survey Carried Out At The Business Premises Of The Assessee.

Section 115BSection 143(3)Section 250Section 68Section 69C

opinion that purchase declared by the assessee is unexplained and accordingly, entire purchase of INR 3,29,54,825/- was treated as unexplained expenditure u/s 69C of the Act and addition was made accordingly. 4. The AO further observed that assessee has deposited INR 2,18,59,948/- in Union ... action of Ld. AO in making aggregate addition of Rs.3,29,54,825/- on account of purchases made by treating it as alleged unexplained expenditure u/s 69C and taxing the same u/s 115BBE and that too by recording incorrect facts and findings and in violation of principles of natural justice