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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

Drb Infrastructure Private Limited, Hyderabad vs. DCIT., Circle 8(1), Kondapur, Hyderabad

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 885/HYD/2025[2018-19]Status: DisposedITAT Hyderabad06 Aug 2025AY 2018-19

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.885/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19) Drb Infrastructure (P) Ltd Vs. Dy.Cit Hyderabad Circle 8 (1) Pan:Aadcd7676H Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.A. Sai Prasad, Ca राज" व "ारा/Revenue By:: Shri Gurpreet Singh, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 06/08/2025 घोषणा की तारीख/Pronouncement: 06/08/2025 आदेश/Order Per Vijay Pal Raothis Appeal By The Assessee Is Directed Against The Order Dated 11/03/2025 Of The Learned Cit (A)-Nfac Delhi, For The A.Y.2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Order U/ S 250 Dated 11-03-2025 Passed By The Hon'Ble Commissioner Of Income Tax (Appeals) - Nfac, New Delhi Is Not Correct Either In Law Or On Facts & In Both. 2. The Learned First Appellate Authority Is Not Justified In Confirming The Order Of The Ld. Assessing Officer Merely On The Grounds That No Reply Was Filed, Ignoring The Fact That The Ld. Assessing Officer Made The Addition Without Giving An Opportunity For Personal Hearing.

For Appellant: Shri K.A. Sai Prasad, CAFor Respondent: : Shri Gurpreet Singh, Sr. AR
Section 154Section 271ASection 690

Learned First Appellate Authority is not justified in upholding the disallowance of sub-contract expenditure of Rs. 1,43,31,846/- u/s 690 as unexplained expenditure, ignoring the genuineness of the expenditure. 5. The appellant craves leave to add, amend or alter any of the above ground (grounds

Swamy Holagundi, Huvina Hadagali vs. Income Tax Officer, Ward-1 & Tps, Hospet

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 1767/BANG/2024[2018-2019]Status: DisposedITAT Bangalore05 Aug 2025AY 2018-2019

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year : 2018-19 Swamy Holagundi Prop: Raviteja Traders 7C/10, 3Rd Ward Ito Bangarappanagar Vs. Ward-1 & Tps Karnataka 583 219 Hospet Pan: Dwjps7047P Appellant Respondent Appellant By : Sri V. Srinivasan, Advocate, A.R Respondent By : Sri Subramanian S., Jcit D.R. Date Of Hearing : 08.05.2025 Date Of Pronouncement : 05.08.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ld. Cit(A)/Nfac Dated 19.07.2024Vide Din & Order No. Itba/Nfac/S/250/2-24-25/1066829871(1) Passed U/S.250 Of The Income Tax Act, 1961 (In Short “The Act”) For The Assessment Year 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: -

For Appellant: Sri V. Srinivasan, Advocate, A.RFor Respondent: Sri Subramanian S., JCIT D.R
Section 147Section 250Section 69C

bogus, it is obvious that the purchases which led to sales/closing stock have been done out of books and the same amounts to unexplained expenditure and accordingly the entire purchases from M/s Sri Sai baba Rice industries wastreated as unexplained expenditure and disallowed under section ... assessee vehemently submitted that the addition confirmed by ld. CIT(A)/NFAC amounting to Rs.64,58,468/- treating as unexplained expenditure u/s 69C is not correct specially when the assessee submitted all the required details/documents/record before the Authorities below. Further, Ld.AR of the assessee submitted that the both the Authorities

Dharmender Kumar, Delhi vs. ITO Ward- 59(6), Delhi

In the result, appeal of the assessee is allowed for statistical purpose

ITA 2943/DEL/2025[2017-2018]Status: DisposedITAT Delhi05 Aug 2025AY 2017-2018

Bench: Shri Vikas Awasthyआअसं.2943/िद"ी/2025 (िन.व. 2017-18) Dharmender Kumar, R-44H, Block-R, Dilshad Garden, ...... अपीलाथ"/Appellant Delhi 110095 Pan: Adupk-0100-A बनाम Vs. Income Tax Officer, Ward-59(6), ..... "ितवादी/Respondent Delhi 110002 अपीलाथ" "ारा/Appellant By : None "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 31/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 31/07/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of Commissioner Of Income Tax (Appeals)/Additional/Joint Commissioner Of Income Tax (Appeals)-2, Chandigarh (Hereinafter Referred To As 'The Cit(A)') Dated 07.03.2025, For Assessment Year 2017-18. 2. A Perusal Of Assessment Order Shows That Addition Of Rs.9,17,630/- Was Made In The Hands Of The Assessee U/S. 69C Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) On Account Of Unexplained Expenditure. The Assessee Has Claimed Expenditure In Respect Of Payments Made Through Credit Card. The Assessing Officer (Ao) Has Disallowed The Aforesaid Claim

For Appellant: NoneFor Respondent: Ms. Sudha Gupta, Sr. DR
Section 69C

made in the hands of the assessee u/s. 69C of the Income Tax Act,1961(hereinafter referred to as ‘the Act’) on account of unexplained expenditure. The assessee has claimed expenditure in respect of payments made through credit card. The Assessing Officer (AO) has disallowed the aforesaid claim