← 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

DCIT, Central Circle-3(1), Kolkata vs. Gateway Financial Services Limited, Kolkata

In the result, appeal of the revenue is dismissed

ITA 1146/KOL/2023[2016-17]Status: DisposedITAT Kolkata30 Jul 2025AY 2016-17

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1146/Kol/2023 (नििाारण वर्ा / Assessment Year : 2016-2017) Dcit, Central Circle-3(1), Vs Gateway Financial Services Ltd, Kolkata 2Nd Floor, Room No.209-210, Jasmine Tower, 31, Shakespeare Sarani, West Bengal-700017 Pan No. :Aabcg 1634 L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) राजस्वकीओरसे /Revenue By : Shri P.N. Barnwal, Cit-Dr नििााररतीकीओरसे /Assessee By : Shri Akkal Dudhwewala, Fca सुिवाई की तारीख / Date Of Hearing : 09/07/2025 घोर्णा की तारीख/Date Of Pronouncement : 30/07/2025 आदेश / O R D E R Per Rajesh Kumar, Am: This Is An Appeal Filed By The Revenue Against The Order Dated 27.07.2023, Passed By The Ld. Cit(A), Kolkata-21, For The Assessment Year 2016-2017. 2. This Appeal Is Barred By 25 Days. Looking To The Facts & Circumstances Of The Case, The Delay Of 25 Days In Filing The Appeal Is Condoned & The Appeal Is Admitted & Disposed Off Accordingly. 3. The Only Issue Raised By The Revenue Is Against The Deleting The Addition Of Rs.15.05 Crores By The Ld. Cit(A) As Made By The Ao U/S.68 Of The Act In Respect Of Unsecured Loan Received By The Assessee During The Year.

For Appellant: Shri Akkal Dudhwewala, FCAFor Respondent: Shri P.N. Barnwal, CIT-DR
Section 133(6)Section 147Section 148Section 68Section 69C

assessee. The AO also added Rs.37,62,000/- being 2.5% of the total amount of transaction towards commission charged treating the same as unexplained expenditure u/s.69C of the Act. 5. In the appellate proceedings, the ld. CIT(A) allowed the appeal of the assessee after taking into consideration the reply

Minesh Bipinbhai Patel, Vadodara vs. The Dy.CIT, Central Circle-1, Vadodara

In the result the appeal of the assessee for A

ITA 650/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad29 Jul 2025AY 2016-17

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarit(Ss)A No.23/Ahd/2024 Asstt.Year : 2015-16 & Asstt.Year 2016-17 Minesh Bipinbhai Patel The Dcit, Cent.Cir.1 10, Shantivan Society Vs. Race Course Sussen Tarsali Road Vadodara. Makarpura Vadodara 390 010. Pan : Acqpp 7756 G (Appellant) (Respondent) Assessee By : Shri Tushar Hemani, Sr.Advocate Revenue By : Shri Sher Singh, Cit-Dr & Shri Hargovind Singh, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 24/07/2025 घोषणा की तारीख /Date Of Pronouncement: 29/07/2025 आदेश/O R D E R आदेश आदेश आदेश

For Appellant: Shri Tushar Hemani, Sr.AdvocateFor Respondent: Shri Sher Singh, CIT-DR and Shri Hargovind Singh, Sr.DR
Section 132Section 139(1)Section 143(3)Section 153ASection 250

verifiable through disclosed sources. Based on the analysis of diary entries, the AO concluded that a sum of Rs.20,10,886/- represented unexplained expenditure incurred by the assessee towards renovation of his residential house. The AO held that most of the entries pertained to the financial year 2014–15 relevant ... challenge is to the addition of Rs.1,00,000/-, both confirmed by the CIT(A) on the ground of unexplained expenditure incurred on house renovation. Specific common grounds except quantum, are: 1.00 Addition of Rs. 6,00,000/- (For A.Y. 2016-17 it is Rs.1,00,000/- ) towards expenditure incurred

Babu Rao Sahukari, Visakhapatnam vs. Income Tax Officer, Ward 2 (5), Visakhapatnam

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

ITA 327/VIZ/2025[2015-16]Status: DisposedITAT Visakhapatnam25 Jul 2025AY 2015-16

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.327/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2015-16) Babu Rao Sahukari Vs. Income Tax Officer – Ward – 2(5) 24-107-54/1 Visakhapatnam – 530020 C/O. Srikar Sai Medical Agencies Andhra Pradesh Gonthivanipalem Gajuwaka, Visakhapatnam – 530026 Andhra Pradesh [Pan:Efnps1341E] (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Shri M. Muralidhar, Ca राजस्व का प्रतततितित्व/ Department Represented By : Dr.Aparna Villuri, Sr.Ar

Section 142(1)Section 144Section 147Section 148Section 148ASection 69ASection 69C

making addition of Rs.60,54,950/- as unexplained money under section 69A of the Act and Rs.45,99,826/- as unexplained expenditure under section 69C of the Act. Page. No 2 I.T.A.No. 327/VIZ/2025 Babu Rao Sahukari 3. Aggrieved by the order of the Ld. AO, assessee filed an appeal before ... assessee to prove that the purchase of liquor is not related to cash deposits to arrive at a conclusion that the same are unexplained expenditure. Ld AO was wrongly assumed the same and did not apply his mind that the cash deposits are out of sale proceeds of Liquor

C5 Infra Private Limited, Secunderabad vs. ACIT, Central Circle-2(3), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 332/HYD/2023[2017-18]Status: DisposedITAT Hyderabad25 Jul 2025AY 2017-18

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.332/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2017-18) C5 Infra (P) Ltd Vs. Acit Secunderabad Central Circle 2(3) Pan:Aafcc2138K Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devdas, Ca Shri C. Maheshwar Reddy, Ca राज" व "ारा/Revenue By:: Shri Narender Kumar Naik, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 02/07/2025 घोषणा की तारीख/Pronouncement: 25/07/2025 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Assessee Is Directed Against The Order Dated 10/03/2023 Of The Learned Cit (A)-12, Hyderabad, For The A.Y.2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri K.C. Devdas, CAFor Respondent: : Shri Narender Kumar Naik
Section 132Section 139(1)Section 143(3)Section 153ASection 40A(3)

cash expenditure not found recorded in the books of account. The learned DR has submitted that the Assessing Officer has made 4 additions of unexplained expenditure u/s 69 total amounting to Rs.16,61,77,796/-. Though the assessee has filed the ledger account of the respective parties, petty cash book ... held under page 61 as under: “To Summnarize, ize, the addition made of Rs.7,50,10,000/- by the Assessing Officer on account of unexplained expenditure is directed to be deleted and thus the balance amount of Rs.7,50,00,000/- (excluding one deposit of Rs. 10,000/ - in Canara