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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

Innovate Designers&Builders Private Limited, Trivandrum vs. ITO, Ward 1(1), Trivandrum

In the result, the appeal filed by the assessee is partly allowed

ITA 940/COCH/2024[2022-23]Status: DisposedITAT Cochin27 Jun 2025AY 2022-23

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2022-23 Innovate Designers & Builders Pvt. Ltd. .......... Appellant Tc 93/1944 Krishna Flat, Kra 11A Railway Station Road, Pallikuku, Pettah Thiruvananthapuram 695024 [Pan: Aaeci2784C] Vs. The Income Tax Officer, Ward - 1(1) .......... Respondent Thiruvananthapuram Appellant By: Shri Mathew Joseph, Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 21.05.2025 Date Of Pronouncement: 27.06.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Exemptions), Kochi, Dated 25.09.2024 For Assessment Year (Ay) 2022-23. 2. Brief Facts Of The Case Are That The Appellant Is A Company Incorporated Under The Provisions Of Companies Act, 1956. It Is Engaged In The Business Of Undertaking Civil Contracts & 2 Innovate Designers & Builders Pvt. Ltd. Constructions. The Return Of Income For Ay 2022-23 Was Filed On 26.09.2022 Declaring Nil Income. Against The Said Return Of Income, The Assessment Was Completed By Ito, Ward-1(1), Thiruvananthapuram (Hereinafter Called "The Ao") Vide Order Dated 21.03.2024 Passed U/S. 143(3) R.W.S. 144B Of The Income Tax Act, 1961 (The Act) At A Total Income Of Rs. 6,12,03,924/- By Holding That The Appellant Could Not Furnish Evidence In Support Of The Expenditure Incurred On Commission, Etc. & Treated The Same As Unexplained Expenditure U/S. 69C Of The Act.

For Appellant: Shri Mathew Joseph, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 37Section 44ASection 69C

holding that the appellant could not furnish evidence in support of the expenditure incurred on commission, etc. and treated the same as unexplained expenditure u/s. 69C of the Act. 3. On appeal before the CIT(A), the CIT(A) confirmed the addition u/s. 37 of the Act. 4. Being aggrieved

Dy. Commissioner of Income Tax, Central Circle 3, Ludhiana vs. Swati Industries, Punjab

In the result, the grounds of appeal of the department are dismissed and that of assessee are allowed

ITA 547/CHANDI/2024[2019-20]Status: DisposedITAT Chandigarh27 Jun 2025AY 2019-20

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY, AM आयकर अपील सं. / ITA No. 216/Chd/2024 निर्धारण वर्ष / Assessment Year : 2019-20 Swati Industries D-74, Phase-V, Focal Point, Ludhiana, Punjab-141010 बनाम The DCIT Central Circle-3 Ludhiana, Punjab स्थायी लेखा सं./PAN NO: AADFS5870M प्रत्यर्थी/Respondent अपीलार्थी/Appellant आयकर अपील सं. / ITA No. 547/Chd/2024 निर्धारण वर्ष / Assessment Year : 2019-20 बनाम The DCIT Central Circle-3 Ludhiana, Punjab स्थायी लेखा सं./PAN NO: AADFS5870

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rohit Kapoor, C.AFor Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 115BSection 40Section 68Section 69ASection 69C

order of the Worthy CIT(A). b). That the Ld. CIT(A) has erred in taxing this amount of Rs. 25,89,500/- as unexplained expenditure u/s 69C and confirmed the action of the Assessing in taxing the same as per the provisions of section 115BBE. 2. a). That ... circumstances of the case, the Id. CIT(A) was rightly justified in deleting addition of Rs. 1,98,89,964/- on account of unexplained expenditure u/s 69C of the Income Tax Act, 4 7. The appellant craves leave to add, amend, modify, vary, omit or substitute any of the aforesaid

Swati Industries D-74, Phase-V Focal Point, Ludhiana, Punjab vs. The Deputy Commissioner of Income Tax Central Circle-3, Ludhiana, Punjab

In the result, the grounds of appeal of the department are dismissed and that of assessee are allowed

ITA 216/CHANDI/2024[2019-2020]Status: DisposedITAT Chandigarh27 Jun 2025AY 2019-2020

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY, AM आयकर अपील सं. / ITA No. 216/Chd/2024 निर्धारण वर्ष / Assessment Year : 2019-20 Swati Industries D-74, Phase-V, Focal Point, Ludhiana, Punjab-141010 बनाम The DCIT Central Circle-3 Ludhiana, Punjab स्थायी लेखा सं./PAN NO: AADFS5870M अपीलार्थी/Appellant प्रत्यर्थी/Respondent आयकर अपील सं. / ITA No. 547/Chd/2024 निर्धारण वर्ष / Assessment Year : 2019-20 बनाम The DCIT Central Circle-3 Ludhiana, Punjab स्थायी लेखा सं./PAN NO: AADFS5870

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rohit Kapoor, C.AFor Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 115BSection 40Section 68Section 69ASection 69C

order of the Worthy CIT(A). b). That the Ld. CIT(A) has erred in taxing this amount of Rs. 25,89,500/- as unexplained expenditure u/s 69C and confirmed the action of the Assessing in taxing the same as per the provisions of section 115BBE. 2. a). That ... circumstances of the case, the Id. CIT(A) was rightly justified in deleting addition of Rs. 1,98,89,964/- on account of unexplained expenditure u/s 69C of the Income Tax Act, 4 7. The appellant craves leave to add, amend, modify, vary, omit or substitute any of the aforesaid

ACIT, Circle-1, Bhavnagar vs. Leela Greenship Recycling Private Limited, Bhavnagar

In the result, both the appeals are treated as partly allowed for statistical purposes in terms of above directions

ITA 2135/AHD/2024[2018-19]Status: HeardITAT Ahmedabad26 Jun 2025AY 2018-19

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No. 2111/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Leela Greenship Recycling Pvt. Ltd., The Deputy Office No.303, 3Rd Floor, बनाम/ Commissioner V/S. B Wing, Leela Efcee, Of Income Tax, Near Aksharwadi Temple, Circle-1, Waghawadi Road, Bhavnagar. Bhavnagar-364002. "थायी लेखा सं./Pan: Aagcg8956L

For Appellant: Shri Tushar Hemani, Sr. Advocate with Shri Parimalsinh B Parmar, ARFor Respondent: Shri Hargovind Singh, SR-DR
Section 144BSection 147Section 148Section 250Section 271ASection 69C

conclusively prove the physical movement of goods. Accordingly, the AO invoked section 69C, treating the entire sum of Rs. 1,40,03,670/- as unexplained expenditure, and added it to the returned income. The assessed income was thus computed at Rs. 1,55,90,420/-, and penalty proceedings under section ... DCIT A.Y 2018-19 5. The CIT(A) then analysed the applicability of section 69C and observed that this provision deals with unexplained expenditure where the source of expenditure is not explained. In the present case, the source of payment was never in dispute, as payments were made through banking

Leela Greenship Recycling Pvt. Ltd., Bhavnagar vs. The Dy. CIT, Circle-1, Bhavnagar

In the result, both the appeals are treated as partly allowed for

ITA 2111/AHD/2024[2018-19]Status: HeardITAT Ahmedabad26 Jun 2025AY 2018-19

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No. 2111/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2018-19 Leela Greenship Recycling Pvt. Ltd., Office No.303, 3Rd Floor, B Wing, Leela Efcee, Near Aksharwadi Temple, Waghawadi Road, Bhavnagar-364002. बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle-1, Bhavnagar. स्थायी लेखा सं./Pan: Aagcg8956L & आयकर अपील सं/Ita No. 2135/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2018-19 The Assistant Commissioner Of Income Tax, Circle-1, Bhavnagar. Leela Greenship Recycling Pvt. Ltd., बनाम / Office No.303, 3Rd Floor, V/S. B Wing, Leela Efcee, Near Aksharwadi Temple, Waghawadi Road, Bhavnagar-364002. स्थायी लेखा सं./ Pan: Aagcg8956L अपीलार्थी/ (Appellant) Assessee By : Revenue By : प्रत्यर्थी / (Respondent) Shri Tushar Hemani, Sr. Advocate With Shri Parimalsinh B Parmar, Ar Shri Hargovind Singh, Sr-Dr सुनवाई की तारीख / Date Of Hearing : 25/06/2025 घोषणा की तारीख / Date Of Pronouncement: 26/06/2025

For Appellant: Revenue by
Section 144BSection 147Section 148Section 250Section 271ASection 69C

conclusively prove the physical movement of goods. Accordingly, the AO invoked section 69C, treating the entire sum of Rs.1,40,03,670/- as unexplained expenditure, and added it to the returned income. The assessed income was thus computed at Rs.1,55,90,420/-, and penalty proceedings under section 271AAC were ... DCIT Α.Υ 2018-19 6 5. The CIT(A) then analysed the applicability of section 69C and observed that this provision deals with unexplained expenditure where the source of expenditure is not explained. In the present case, the source of payment was never in dispute, as payments were made