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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

Irm Private Limited, Ahmedabad vs. The DCIT, Circle-2(1)(1), Ahmedabad

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

ITA 1590/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad10 Jun 2025AY 2011-12

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No. 1590/Ahd/2024 िनधा"रण वष" /Assessment Year : 2011-12 Irm Private Limited, The Deputy Commissioner Irm House, बनाम/ Of Income Tax, V/S. Off. C.G Raod, Circle 2(1)(1), Navrangpura, Ahmedabad. Ahmedabad-380009. "थायी लेखा सं./Pan: Aaaci3678M अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Bandish Soparkar, Ar Revenue By : Shri Abhijit, Sr-Dr

For Appellant: Shri Bandish Soparkar, ARFor Respondent: Shri Abhijit, SR-DR
Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 144Section 147Section 148Section 14ASection 194HSection 194J

Green Channel Travel Services Ltd., which had amalgamated with the assessee; (ii) Rs. 10,00,000/- under section 69C, treating the same as unexplained expenditure in cash incurred during a month as reflected in NMS; and (iii) Rs. 10,12,600/- under section 68, being unexplained cash credits received through ... NFAC erred in confirming the action of the Ld. AO in making an addition of IN 10,00,000/- on account of alleged 'unexplained expenditure' under section 69C of the IT Act. 8. On the facts and in the circumstances of the case and in law, the NFAC erred

DCIT, Central Circle-1, Visakhapatnam vs. Datla Vivekananda Raju, Visakhapatnam

In the result, appeal of the revenue as well as cross objection of the assessee are dismissed

ITA 52/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam09 Jun 2025AY 2018-19

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.52/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2018-19) Dcit – Central Circle -1 V. Datla Vivekananda Raju 5Th Floor, Direct Taxes Building Flat No. 302. Map Hightide Rushikonda, Madhurawada Mvp Colony, Visakhapatnam – 530017 Andhra Pradesh Visakhapatnam – 530041 Andhra Pradesh [Pan: Acopd8861A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) सी.ओ सं. / C.O. No. 16/Viz/2025 [आयक अपील सं. से उत्पन्न / Arising Out Of I.T.A. No. 52/Viz/2025 (A.Y. 2018-19)] Datla Vivekananda Raju V. Dcit – Central Circle -1 Flat No. 302. Map Hightide 5Th Floor, Direct Taxes Building Rushikonda, Madhurawada Mvp Colony, Visakhapatnam – 530017 Andhra Pradesh Visakhapatnam – 530041 Andhra Pradesh [Pan: Acopd8861A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Shri Gvn Hari, Ar करदाता का प्रतततितित्व/ Assessee Represented By : राजस्व का प्रतततितित्व/ Department Represented By Dr. Satyasai Rath, Cit(Dr) :

Section 132Section 142(1)Section 143(2)Section 153ASection 69Section 69C

treated an amount of Rs. 33,00,000/- as unexplained investments under section 69 of the Act and Rs. 1,25,00,000/- as unexplained expenditure under section 69C of the Act. 3. On appeal before the Ld. CIT(A), assessee made various submissions in support of the grounds