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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

Incometax Officer, Thriuvallur vs. Gt60 Arungulam Primary Agri Cooperative Credit Society, Tiruttani

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

ITA 2781/CHNY/2024[2018-19]Status: DisposedITAT Chennai17 Jul 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2781/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 The Income Tax Officer, Vs. Gt60 Arungulam Primary Agri Ward 1, Cooperative Credit Society, Tiruvallur. No. 1, Periya Theru, Thumbikulam Village, Thalavedu Post & Taluk, Tiruvallur 631 212. [Pan: Aabag2568F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. R. Anita, Addl. Cit ""थ" की ओर से/Respondent By : Shri Malar Mannan, Advocate सुनवाई की तारीख/ Date Of Hearing : 02.06.2025 घोषणा की तारीख /Date Of Pronouncement : 17.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 26.07.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 2. We Find That This Appeal Is Filed With A Delay Of 24 Days. The Ito, Ward 1, Tiruvallur Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said

For Appellant: Ms. R. Anita, Addl. CITFor Respondent: Shri Malar Mannan, Advocate
Section 142(1)Section 148Section 69ASection 69C

towards cash deposits of ₹.10,24,090/- as unexplained money under section 69A of the Act and withdrawals at ₹.1,04,00,501/- as unexplained expenditure under section 69C of the Act. 5. Aggrieved by the order of the Assessing Officer against such additions, the assessee preferred an appeal before ... stated to have been contended by the Revenue, is rejected. 7. Further, the Assessing Officer treated the withdrawals at ₹.1,04,00,501/- as unexplained expenditure under section 69C of the Act. Before the ld. CIT(A), it was contended that there was no claim of expenditure and the question

Assistant Commissioner of Income Tax, Madurai vs. Jayaraj Jaison, Tirunelveli

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

ITA 2512/CHNY/2024[2020-21]Status: DisposedITAT Chennai17 Jul 2025AY 2020-21

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunathaआयकर अपील सं./Ita No.:2512/Chny/2024 िनधा"रण वष" / Assessment Year: 2020-21 The Assistant Commissioner Of Jayaraj Jaison, Income Tax, Vs. No.9/10, Prop: Jaison Bkery, Central Circle -2, Madurai. Kavalkinaru, Tirunelveli – 625 002. (अपीलाथ"/Appellant) [Pan:Akgpj-2821-E] (""थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Ms. Gouthami Manivasagam, J.C.I.T. ""थ" की ओर से/Respondent By : Shri. R. Venkata Raman,C.A. सुनवाई की तारीख/Date Of Hearing : 02.07.2025 घोषणा की तारीख/Date Of Pronouncement : 17.07.2025 आदेश /O R D E R Per S. R. Raghunatha, Am: This Appeal Is Preferred By The Revenue Against The Order Dated 30.07.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals)-19, Chennai (‘Ld.Cit(A)’ In Short), Arising Out Of The Assessment Order Dated 30.09.2022 Passed U/S.143(3) Of The Income Tax Act, 1961 (‘The Act’ In Short) By The Assistant Commissioner Of Income Tax, Central Circle - 2, Madurai (‘Ao’ In Short), For The Assessment Year (‘Ay’ In Short) 2020-21. 2. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Ms. Gouthami Manivasagam, J.C.I.TFor Respondent: Shri. R. Venkata Raman,C.A
Section 131Section 133ASection 143(3)Section 68Section 69

present case the AO has observed that the amount of Rs. 60,00,000/- has been added to the returned income as the unexplained expenditure of the assessee, Obviously , if this perspective of the AO is right he could have opted to invoke the provisions of section ... Section 69C of the Income Tax Act, 1961, pertains to unexplained expenditure. It allows the Assessing Officer (AO) to treat any unexplained expenditure, which is not recorded in the books of accounts and for which the assessee offers no explanation, as deemed income. This expenditure is treated as income

Maneesh Joshi, Jaipur vs. ITO Ward, Dausa

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

ITA 613/JPR/2025[2018-19]Status: DisposedITAT Jaipur09 Jul 2025AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM Shri Maneesh Joshi आयकरअपीलसं. / ITA. No. 613/JPR/2025 निर्धारणवर्ष / AssessmentYears : 2018-19 बनाम | The ITO, Vs. Ward-Dausa Dausa Ward No. 24, Jageer (Rural) Bandikui, Baswa Road, Bandikui, Tehsil: Baswa, Dausa-303 313 स्थायीलेखा सं. / जीआईआरसं./PAN/GIR No.: AGFPJ 8810N अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओरसे / Assesseeby : Shri R.S. Poonia, CA राजस्व की ओरसे / Revenue by : Shri Rajesh Ojh

For Appellant: Shri R.S. Poonia, CAFor Respondent: Shri Rajesh Ojha, CIT -DR a
Section 115BSection 147Section 148Section 271ASection 68Section 69ASection 69C

facts in confirming the addition u/s. 69C of the I.T. Act 1961 amounting to Rs. 1,41,50,500/- on account of unexplained expenditure. Kindly delete the addition. 3. That on the facts and in the circumstances of the case the Ld. CIT (Appeals), NFAC is wrong, unjust ... Penalty u/s 271AAC(1) of the IT. Act 1961 is also been initiated (ii) Cash withdrawal Rs. 1,41,50,500/- is determined as unexplained expenditure u/s 69C of the IT Act 1961. The tax is being charged u/s. 115BBE of the I.T.Act, 1961. The Penalty u/s 271AAC