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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

Income Tax Officer, Panipat vs. Suresh Malhotra, Panipat

In the result, the appeal of the Revenue is dismissed

ITA 4638/DEL/2024[2018-2019]Status: DisposedITAT Delhi28 Aug 2025AY 2018-2019

Bench: Shri Anubhav Sharma & Shri Manish Agarwalincome Tax Officer, Suresh Malhotra Partner M/S Sai Nath Sector-6, Panipat Vs. Industries Kabri Road, Haryana-132103. Kacha Phatak, Industial Area, Panipat Haryana-132103. Pan:Aaqpm3214N (Appellant) (Respondent) Assessee By Ca Shilpi Jain Department By Shri Manish Gupta Sr. Dr Date Of Hearing 04/06/2025 Date Of Pronouncement 28/08/2025 O R D E R Per Manish Agarwal, Am, This Appeal Is Filed By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) National Faceless Appeal Centre (Nfac), Delhi [Cit(A), In Short] In Appeal No. Nfac/2017-18/10236779 Dated 05.08.2024 Arising Out Of The Order Passed U/S 147 R.W.S 144 Of The Act Dated 23.03.2023 For Assessment Year 2018-19. 2. Brief Facts Of The Case Are That Assessee Is An Individual & Filed His Return Of Income On 27.09.2018 Declaring Total Income At Rs.5,00,460/-. Subsequently, Ao Received Information That Assessee Has Taken Accommodation Entries Managed By One Sh. Rajesh Mittal In The Shape Of Bogus Bills Of Purchase From Three Different Parties Managed & Run By Shri Rajesh Mittal Amounting To Rs.95,48,153/-. Based On Such Information, Ao Initiated Reassessment Proceedings After Taking Approval From Competent Authority & Notice U/S 148

Section 147Section 148Section 69C

time and finally assessment was completed where the AO had treated the entire purchases from these three parties of Rs.95,48,153/- as unexplained expenditure u/s 69C of the Act and further added sum of Rs.1,57,968/- on account of amount received on LIC maturity, thus, total income

Moureen Camara, Panaji vs. Assessment Centre, Income Tax Department, Delhi

ITA 200/PAN/2023[2016-17]Status: DisposedITAT Panaji26 Aug 2025AY 2016-17

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 200/Pan/2023 Assessment Year : 2016-17 Moureen Camara Lonic Apartment, 1St Floor, Albamar Road, Tiswadi, Panaji, Goa-403001. Pan : Abmpc9038M . . . . . . . Appellant V/S Income Tax Officer, Ward-1(5), Panaji. . . . . . . . Respondent Appearances Assessee By : Mr D E Robinson [‘Ld. Ar’] Revenue By : Ms Rijjula Uniyal [‘Ld. Dr’] Date Of Conclusive Hearing : 11/08/2025 Date Of Pronouncement : 26/08/2025 Order Per G. D. Padmahshali; Present Appeal Is Filed By The Assessee Challenging Din & Order No. Itba/Nfac/S/250/2023-24/1057640303(1) Dt. 02/11/2023 Passed By National Faceless Appeal Centre, Delhi [‘Ld. Cit(A)/Nfac’] U/S 250 Of The Income- Tax Act, 1961 [‘The Act’] Which In Turn Stemmed From Assessment Order Dt. 20/09/2021 Passed U/S 147 R.W.S.

For Appellant: Mr D E Robinson [‘Ld. AR’]For Respondent: Ms Rijjula Uniyal [‘Ld. DR’]
Section 142(1)Section 143(1)Section 143(2)Section 144Section 147Section 148Section 246ASection 250Section 253(1)Section 5A

Page 2 of 16 Moureen Camara Vs NFeAC ITA Nos.200/PAN/2023 AY: 2016-17 duties payment amounting to ₹1,17,82,160/- was treated as unexplained expenditure u/s 69C of the Act and by virtue of section 5A of the Act only 50% of such unexplained expenditure ... year under consideration, the Ld. NFeAC culminated the re- assessment proceedings wherein such balance import/custom duty of ₹58,91,080/- treated likewise as unexplained expenditure of the assessee and added same to total income in the hands of assessee while making an assessment u/s 147 r.w.s