← 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

Venkateswarlu Chandu, Delhi vs. Deputy Commissioner of Income Tax, Circle - 43(1), New Delhi

In the result, the instant assessee’s appeal is allowed

ITA 3119/DEL/2025[2017-18]Status: DisposedITAT Delhi12 Sept 2025AY 2017-18

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2017-18 Venkateswarlu Chandu, Vs. Dcit, Cc-43(1), B-905, Best Paradise, Plot No. 4, New Delhi Bhartiya Cghs, Sector-19, Dwarka, Delhi – 110 075 (Pan: Acdpc4984A) (Appellant) (Respondent) Appellant By : Sh. Rajat Jain, Ca & Sh. Akshat Jain, Ca Respondent By : Shri Manoj Kumar, Sr. Dr. Date Of Hearing 03.09.2025 Date Of Pronouncement 12.09.2025 Order This Appeal Has Been Filed By The Assessee Against The Order Dated 24.04.2025 Passed By The Nfac, Delhi For The Assessment Year 2017-18. The Solitary Issue Raised In This Appeal Is Relating To Sustaining Of Addition Of Rs. 9,99,000/- Made By The Ao U/S. 69C Of The Act. 2. Brief Facts Of The Case Are That The Assessee E-Filed His Return Of Income For The Assessment Year 2017-18 On 31.10.2017, Declaring Total Income Of Nil. Subsequently, The Case Was Selected For Limited Scrutiny Through Cass & Statutory Notices Were Issued To The Assessee. During The Course Of Assessment Proceedings, The Assessee Submitted That He Earned An Agriculture Income Of Rs. 23,10,000/- & This Receipt Was Deposited In Cash To Pay For The Bills Of Credit Care In His Bank Located In Delhi. On Perusal Of The Submissions Filed By The Assessee It Was Observed By The Ao That The Assessee Earned Agriculture Income In Cash Nellipudi Village, Andhra Pradesh. In Response To Requisite Notices, Ao Noted

For Appellant: Sh. Rajat Jain, CA & Sh. Akshat Jain, CAFor Respondent: Shri Manoj Kumar, Sr. DR
Section 69C

confirming the addition of credit card payments in cash of Rs. 9,90,000/- made by the AO u/s. 69C of the Act being unexplained expenditure merely on the basis of doubt, suspicion, conjecture and surmises by arbitrarily rejecting the explanation submitted the assessee in respect of source of payment ... human probabilities and surrounding circumstances without brining any cogent evidence on record to prove the contrary. He further submitted that the said addition being unexplained expenditure without appreciating the fact that the said payments were made out of agriculture income earned during the year which was duly accepted

Smt. Sudha Loyalka, New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 399/DEL/2017[2012-13]Status: DisposedITAT Delhi12 Sept 2025AY 2012-13

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2012-13] Smt. Sudha Loyalka, Vs Ito, Prop.Tirupati Industries, 2/1, Ward-35(2), Block-41, Singh Sabha Road, New Delhi Shakti Nagar, Delhi-110007. Pan-Aabpl6055D Appellant Respondent Appellant By Dr.Rakesh Gupta, Adv., Shri Somil Aggarwal, Adv. & Shri Deepesh Garg, Adv. Respondent By Shri Narpat Singh, Sr.Dr Date Of Hearing 24.06.2025 Date Of Pronouncement 12.09.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 01.12.2016 Passed By Ld. Commissioner Of Income Tax (A)-12, New Delhi [“Ld.Cit(A)”] In Appeal No. 26/15-16 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 18.03.2015 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2012-13. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Her Return Of Income On 27.09.2012, Declaring Total Income Of Inr 3,52,180/-. The Case Of Assessee Was Selected For Scrutiny For The Reason “Large Amount Of Sundry Creditors”. Assessee Is Engaged In The Business Of Trading Of Fabrics & Readymade Garments Under The Name & Style As M/S. Tirupati Industries. The Assessee Has Shown Total Sundry Creditors Of Inr 6,77,21,342/- Which Includes Inr 3,48,88,095/- Under The Title “Retail Creditors Control Account”. In Order To Examine The Genuineness Of These Creditors, Ao Issued Notice U/S 133(6) Of The Act To 27 Parties Out Of Which Notices Issued To 20 Parities Amounting To Inr 2,78,20,495/- Were Returned Back For The Reason “Wrong Address/Incomplete Address/Non-Existed” Etc. The Ao Thereafter, Discussed Each Of The Parties To Whom Notices Were Sent & Reached To The Conclusion That These Parties Are Non-Existent & Made The Addition Of Inr 3,50,94,758/- As Bogus Creditors.

Section 133(6)Section 143(3)Section 250Section 37Section 69C

cannot be doubted. Ld. AR also submits that if the entire amount of purchase of INR 3,50,94,758/- is added back as unexplained expenditure, it would be resultant into impossible NP rate. Ld.AR of the assessee drew our attention to page 17 of paper book wherein trading results ... account of purchase made from the alleged 27 parties as unexplained expenditure. Therefore, grounds raised by the assessee are partly allowed. 16. In the result, appeal of the assessee is partly allowed. Order pronounced in the open Court on 12.09.2025. (ANUBHAV SHARMA) ACCOUNTANT MEMBER Date:- 12.09.2025 *Amit Kumar, Sr.P.S

Om Lamcoat Pvt Ltd, Morbi vs. The ACIT, Centra Circle-1, Rajkot

In the result, both appeals filed by the assessee (in ITA Nos

ITA 287/RJT/2022[2019-20]Status: DisposedITAT Rajkot11 Sept 2025AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita No. 286 & 287/Rjt/2022 िनधा"रणवष" / Assessment Year: (2016-17 & 2019-20) (Hybrid Hearing) बनाम M/S. Om Lamcoat Pvt. Ltd. The Acit, 8-A, Kandla National Highway, Vs. Central Circle -1, Opp. Dadashri Nagar, At. Morbi – Aayakar Bhavan, Amruta 363642 Estate, M. G. Road, Rajkot – 360001 "थायीलेखासं/.जीआइआरसं/.Pan No. : Aabco8163G (अपीलाथ"/Assessee) .. (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld. Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Ld. Sr. (Dr) सुनवाई क" तार"ख/Date Of Hearing : 16/06/2025 घोषणा क" तार"ख/Date Of Pronouncement : 11/09/2025

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. (DR)
Section 132Section 139Section 153CSection 250

hereinafter referred to as the "CIT(A)"] erred on facts as also in law making addition of Rs.56,68,212/-on account of alleged unexplained expenditure. The addition made is totally unjustified and uncalled for which deserves to be deleted may kindly be deleted. 3. Your Honour's assessee craves ... Commissioner of Income-tax (Appeals) was erred on facts as also in law making addition of Rs.56,68,212/-on account of alleged unexplained expenditure, which should be deleted. The Id. CIT(A) was also erred on facts as also in law enhancing the addition from Rs.34

Om Lamcoat Pvt Ltd, Morbi vs. ACIT, Central Circle-1, Rajkot

In the result, both appeals filed by the assessee (in ITA Nos

ITA 286/RJT/2022[2016-17]Status: DisposedITAT Rajkot11 Sept 2025AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita No. 286 & 287/Rjt/2022 िनधा"रणवष" / Assessment Year: (2016-17 & 2019-20) (Hybrid Hearing) बनाम M/S. Om Lamcoat Pvt. Ltd. The Acit, 8-A, Kandla National Highway, Vs. Central Circle -1, Opp. Dadashri Nagar, At. Morbi – Aayakar Bhavan, Amruta 363642 Estate, M. G. Road, Rajkot – 360001 "थायीलेखासं/.जीआइआरसं/.Pan No. : Aabco8163G (अपीलाथ"/Assessee) .. (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld. Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Ld. Sr. (Dr) सुनवाई क" तार"ख/Date Of Hearing : 16/06/2025 घोषणा क" तार"ख/Date Of Pronouncement : 11/09/2025

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. (DR)
Section 132Section 139Section 153CSection 250

hereinafter referred to as the "CIT(A)"] erred on facts as also in law making addition of Rs.56,68,212/-on account of alleged unexplained expenditure. The addition made is totally unjustified and uncalled for which deserves to be deleted may kindly be deleted. 3. Your Honour's assessee craves ... Commissioner of Income-tax (Appeals) was erred on facts as also in law making addition of Rs.56,68,212/-on account of alleged unexplained expenditure, which should be deleted. The Id. CIT(A) was also erred on facts as also in law enhancing the addition from Rs.34

DCIT, Circle- 19(1), Delhi vs. Paramount Propbuild Pvt. Ltd., Delhi

In the result, the appeal of the Revenue is dismissed

ITA 2027/DEL/2025[2017-18]Status: DisposedITAT Delhi10 Sept 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwaldcit, Paramount Propbuild Pvt. Circle-19(1), Ltd. Delhi. Vs. 208, 2Nd Floor, Sikka Mansion, Lsc, Savita Vihar, New Delhi-110092. Pan:Aadcp522P (Appellant) (Respondent) Assessee By Dr. Rakesh Gupta, Adv. & Shri Somil Aggarwal, Adv. Department By Shri Pradumna Kumar Singh, Sr. Dr Date Of Hearing 03.09.2025 Date Of Pronouncement 03.09.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Commissioner Of Income Tax (Appeals), 29, Delhi In Appeal No. Cit(A), Delhi-7/10457/2019- 20 Dated 24.01.2025 U/S 250 Of The Income Tax Act, 1961 Arising Out Of Order Passed U/S 143(3) Dated 08.04.2021 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Is A Company & E-Filed Its Return Of Income On 21.11.2018 Declaring Total Income At Rs.2,80,29,572/-. The Case Of The Assessee Was Taken Up For Scrutiny & The Assessment Was Completed Wherein Disallowance Of Rs. 3,23,93,370/- Was Made Towards The Interest Paid On Funds Borrowed From Two Entities Namely M/S Sarvottam Securities Pvt. Ltd. & M/S Upaj Leasing Finance Company Ltd. By Holding That The Loan Taken From These Two Companies As Bogus. The Ld. Cit(A) Deleted The Disallowance So Made By Observing That Loans Taken From These Two Companies On Which The Interest Paid Is Disallowed In The Year Under Appeal Was Not Disputed By The Revenue Nor Held As Bogus In The Year When They

Section 143(3)Section 148Section 148ASection 250Section 263

were held as explained and genuine loans and thus the interest paid to them on the loan amount cannot be treated as bogus or unexplained expenditure. Whle making disallowances, the AO solely relied upon the conclusion drawn in the order passed u/s 263 of the Act wherein the ld. PCIT

Sumita Singhal, New Delhi vs. ITO, Ward-17(4), New Delhi

In the result, the appeal of the assessee is allowed

ITA 3836/DEL/2019[2015-16]Status: DisposedITAT Delhi10 Sept 2025AY 2015-16

Bench: Shri Anubhav Sharma & Shri Manish Agarwalsumita Singhal Income Tax Officer, 149, Tarun Enclave, Ward-17(4), Pitampura, New Delhi-110034. Vs. New Delhi. Pan:Acops9544H (Appellant) (Respondent) Assessee By Shri R.R. Singla, Ca Department By Shri Narpat Singh, Sr. Dr Date Of Hearing 23.06.2025 Date Of Pronouncement 10.09.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals)-6, Delhi [ ‘Cit(A)’ In Short] In Appeal No. Cit(A)-Delhi-6/10307/2017-18 Dated 14.03.2018 Passed U/S 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year 2017-18 Arising Out Of The Order Passed U/S 143(3) Of The Act Dated 27.12.2017. 2. Brief Facts Of The Case Are That Assessee Is An Individual & Filed Her Return Of Income On 30.01.2016 Declaring Total Income Of Rs.5,05,360/- With Ito Ward-40(1), Delhi. Notice U/S 143(2) Was Issued On 29.07.2016 By The Same Assessing Officer. Thereafter, Another Notice Issued U/S 143(2) Was Issued On 08.09.2016 By The Ito, Ward-71(2), New Delhi. On 04.09.2017 The Notice U/S 143(2) Was Issued By Ito, Ward No.17(4), New Delhi. The Assessment Was Completed U/S 143(3) By The Ito, Ward-17(4), Wherein The Total Income Of The Assessee Was Assessed At Rs.49,65,760/- After Making Additions Of Rs.42,48,000/- By Holding The Long Term Capital Gain As Bogus & Further Addition Of Rs.2,12,400/- Was Made As Unexplained Expenditure

Section 115BSection 143(2)Section 143(3)Section 250Section 68

additions of Rs.42,48,000/- by holding the long term capital gain as bogus and further addition of Rs.2,12,400/- was made as unexplained expenditure 2 IT No.3836/Del/2019 Sumita Singhal vs. ITO for obtaining such bogus capital gain. In first appeal, the appeal of the assessee dismissed

S. Panneerselvam, Chennai vs. ITO, Ncc-10(3), Chennai

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

ITA 1688/CHNY/2025[2018-19]Status: FixedITAT Chennai09 Sept 2025AY 2018-19

Bench: S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.1688/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 S. Panneerselvam, Vs. The Income Tax Officer, No. 11, Vivek Nagar, Kolathur, Non Corporate Circle 10(3), Chennai 600 099. Chennai. [Pan: Ainpp3051B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Ms. V. Aswathy, Jcit सुनवाई की तारीख/ Date Of Hearing : 04.09.2025 घोषणा की तारीख /Date Of Pronouncement : 09.09.2025 आदेश /O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2018-19. 2. This Appeal Is Filed With A Delay Of 43 Days. The Assessee Filed Petition For Condonation Of Delay Stating The Reasons In Support Of An Affidavit. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, I Find The Reasons Stated By The Assessee Are Bonafide, Which 2

For Appellant: NoneFor Respondent: Ms. V. Aswathy, JCIT
Section 147Section 148Section 292BSection 69ASection 69C

since the assessee did not explain the source of income. Further, the Assessing Officer disallowed ₹.4,95,000/- on account of unexplained expenditure under section 69C of the Act since the assessee failed to explain the source of payments made by him towards credit cards bill ... material on record, it is noted that the Assessing Officer made two additions on account of 4 I.T.A. No.1688/Chny/25 unexplained cash deposit and unexplained expenditure and assessed the income of the assessee at ₹.35,16,010/-. The assessee’s non compliance to the notices issued by the Assessing Officer