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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

Income Tax Officer, Ward-1, Khanna vs. Dharminder Kumar, Ludhiana

The appeal stands allowed

ITA 1084/CHANDI/2024[2018-19]Status: DisposedITAT Chandigarh17 Mar 2025AY 2018-19

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.1084/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Ito Dharminder Kumar, Ward No. 1, Khanna. H. No. 553, Bank Jite Walakhuh, Khanna, बनाम/ Vs. Ludhiana-147001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Asmpk-2657-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Shri Lal Chand, Advocate For Sh. A.K.Jindal, (Advocate )– Ld. Ar Appellant By : ""थ"कीओरसे/Respondent By : Shri Vivek Vardhan (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 12-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 17-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 03-09-2024 In The Matter Of An Assessment Framed By Ld. Ao U/S 144 R.W.S. 147 Of The Act On 18.02.2024. The Revenue Has Allowed The Appeal By Deletion Of Addition Of Rs.2,11,80,491 Lacs As Made By Ld. Ao In The Assessment

For Respondent: Shri Vivek Vardhan (Addl. CIT) - Ld. Sr. DR
Section 115BSection 144Section 148ASection 69Section 69C

from Union Bank of India that the assessee had commission income as commission income. In the absence of any unexplained expenditure, learned AO added that the cash wiithdrawa; of Rs. 2,11,40,000/- as unexplained expenditure under section 69 C and taxed as per Section 115BBE. The income ... contained in the appeal. 3. The Ld. CIT(A) had concluded that the withdrawal from the Bank could not be treated as unexplained expenditure u/s 69C. In the remand order, learned AO had confirmed that the assessee was engaged in the money exchange business on commission basis and earned commission

ACIT, Circle-7(1), Kolkata vs. Sawansukha Jewellers Private Limited, Kolkata

In the result, CO of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 1615/KOL/2024[2018-2019]Status: DisposedITAT Kolkata17 Mar 2025AY 2018-2019

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Sawansukhajewellers Acit, Circle-7(1), Private Limited 5Th Floor, Aaykar Bhavan, P-7, Chowringhee Square, 4Th Floor, 9, Camac Street, Vs. Kolkata-700069, Kolkata-700017, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aafcs2477R Co No. 32/Kol/2024 (Airing Out Of The Ita No. 1615/Kol/2024 For A.Y. 2018-19) Sawansukhajewellers Acit, Circle-7(1), Private Limited 5Th Floor, Aaykar Bhavan, P-7, 4Th Floor, 9, Camac Street, Chowringhee Square, Vs. Kolkata-700017, Kolkata-700069, West Bengal West Bengal (Appellant) (Respondent) Assessee By : Shri Akkal Dudhwewala, Ar Revenue By : Shri Kapil Mondal, Dr Date Of Hearing: 03.03.2025 Date Of Pronouncement : 17.03.2025

For Appellant: Shri Akkal Dudhwewala, ARFor Respondent: Shri Kapil Mondal, DR
Section 133(6)Section 142(1)Section 143Section 143(3)Section 148

return, etc. Thereafter, the ld. AO rejected the contentions of the assessee and treated the purchase made by the said concerns as bogus and unexplained expenditure u/s 69C of the Act and added to the income of the Assessee. 04. In the appellate proceedings, the ld. CIT (A) while partly ... submissions, the assessing officer treated the purchases from Tanman Jewels Pvt. Ltd. and Saffron Gems Pvt. Ltd. as bogus purchases. These were added as unexplained expenditure under section 69C read with section 115BBE. The total income was computed at Rs 31,96,08,034/-, includingthe income as per the original