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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

Assistant Commissioner-19(1), Mumbai vs. Kdm Impex, Mumbai

In the result, appeal of the revenue is dismissed, in terms of our

ITA 3040/MUM/2025[2012-13]Status: DisposedITAT Mumbai21 Aug 2025AY 2012-13

Bench: Shri Amit Shukla & Shri Arun Khodpiaआयकर अपील सं. / Ita No.3040/Mum/2025 निर्धारण वर्ष / Assessment Year :2012-13 The Assistant Commissioner Of Income Tax-19(1), Mumbai ........अपीलार्थी / Appellant बनाम / V/S. M/S. Kdm Impex 506, 5Th Floor, Piramal Chambers, Lalbag, Mumbai-400 012 Pan : Aadfk2444F ......प्रत्यर्थी / Respondent Assessee By : None Revenue By : Shri Himanshu Joshi, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 20.08.2025 घोषणा की तारीख / Date Of Pronouncement : 21.08.2025 2 Acit-19(1), Mumbai Vs. M/S. Kdm Impex

For Appellant: NoneFor Respondent: Shri Himanshu Joshi, Sr. DR
Section 37Section 68

been allowed, by rejecting the ITAT's decision of estimating the profit rate @12.5% on bogus purchases and thereby impliedly grant deduction of such unexplained expenditure incurred u/ s.69C of the Act, eventhough the assessee failed to discharge its onus to prove the genuineness of alleged purchases and has offered ... 3040/MUM/2025 8.1 I have perused the assessment order and the submissions of the appellant. Section 69C of the Act reads as under:- 69C. Unexplained expenditure, etc. Where in any financial year an assessee has incurred any expenditure and he offers no explanation about the source of such expenditure or part

Agroha Fincap Ltd., New Delhi vs. ITO, Ward- 1(4), New Delhi

Appeal is allowed

ITA 8305/DEL/2019[2011-12]Status: DisposedITAT Delhi19 Aug 2025AY 2011-12

Bench: Shri Vikas Awasthyआअसं.8305/िद"ी/2019 (िन.व. 2011-12) Agroha Fincap Ltd., C-51, Mahendru Enclave, G.T. Karnal Road, ...... अपीलाथ"/Appellant New Delhi 110033 Pan: Aaaca-8075-G बनाम Vs. Income Tax Officer, Ward-1(4), ..... "ितवादी/Respondent R.No. 398B, Cr Building, New Delhi 110002 अपीलाथ" "ारा/Appellant By : Shri Suraj Gupta, Advocate "ितवादी"ारा/Respondent By : Shri Manoj Kumar, Sr.Dr सुनवाई क" ितिथ/ Date Of Hearing : 22/05/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 19/08/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-I, New Delhi [In Short ‘The Cit(A)’] Dated 20.08.2019, For Assessment Year 2011-12. 2. Shri Suraj Gupta, Appearing On Behalf Of The Assessee At The Outset Submitted That He Is Not Pressing Legal Ground Raised In Ground No. 2 Of Appeal. Thus, The Primary Issue For Adjudication In Appeal By The Assessee Is Addition Of Rs.25,00,000/- U/S. 68 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) On Account Of Share Capital/Share Premium Received From M/S. Blue Bell Finance Ltd.

For Appellant: Shri Suraj Gupta, AdvocateFor Respondent: Shri Manoj Kumar, SR.DR
Section 148Section 68Section 69C

nowhere mentions that these transactions are bogus. 2.2. In respect of ground no. 4 of appeal relating to addition of Rs.45,000/- as unexplained expenditure u/s. 69C of the Act, the ld. Counsel submits that the said addition is consequential. The AO has assumed without there being any material available ... ground no. 3 of appeal is thus, allowed. 6. In ground no. 4 of appeal, the assessee has assailed addition of Rs.45,000/- as unexplained expenditure u/s.69C of the Act for alleged commission expenses. 6 The said addition has been made merely on conjectures and surmises. No material has been