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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

ACIT, New Delhi vs. M/S. Bbc World India Pvt. Ltd., New Delhi

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

ITA 3489/DEL/2016[2008-09]Status: DisposedITAT Delhi12 Mar 2025AY 2008-09

Bench: Shri Satbeer Singh Godara & Shris.Rifaur Rahmandcit, Circle 7 (1), Vs. Fmi Automotive Components Private Limited, Delhi. Plot No.1, Subplot 4, 5, 8 & 9 Msil, Supplier Park, Phase 3A, Imt Manesar, Gurgaon – 1222 050 (Haryana). (Pan :Aabcf1682P) (Appellant) (Respondent) Assessee By :Shri S.K. Agarwal, Ca Revenue By :Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing : 24.06.2025 Date Of Order : 22.09.2025 O R D E R Per S. Rifaur Rahman: 1. The Revenue Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 30.05.2024 For The Assessment Year 2017-18 Raising Following Grounds Of Appeal :- “1. Whether On The Facts & Circumstances Of The Case & In Law, The Ld Nfac Has Erred In Allowing The Appeal Of The Assessee By Deleting The Addition Made By The Ao Amounting To Rs.5,90,59,019/- On Account Of Disallowance Of Foreign Exchange Loss On Account Of Plant & Machinery.

For Appellant: Shri S.K. Agarwal, CAFor Respondent: Shri Rajesh Kumar Dhanesta, Sr. DR
Section 143(1)Section 143(2)Section 41

appeal of the assessee by deleting the addition made by the AO amounting to Rs.40,26,506/- being disallowance of 10% of the total unexplained expenditure incurred in relation to service fee and job work? 5. Whether on the facts and circumstances of the case ... assessee by deleting the addition made by the AO amounting to Rs.2.94,40,000/- being disallowance of 10% of the total disproportionately increased unexplained expenditure as compared to the previous year? 6. Whether on the facts and circumstances of the case and in law, the Ld. NFAC has erred

Income Tax Officer, Aayakar Bhawan Poorva Kol vs. Sita Ram Pareek, Burrabazar

In the result, the appeal of the assessee is allowed, whereas, the appeal of the revenue is dismissed

ITA 653/KOL/2024[2017-18]Status: DisposedITAT Kolkata11 Mar 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyi.T.A. No.378/Kol/2024 Assessment Year: 2017-18 Sitaram Pareek………………....…………...………......................……….……Appellant Ca Anup Kumar Sanghai Sanghai & Co, Ca 21, Hemanta Basu Sarani, 2Nd Floor, Room No.204, Kolkata -1. [Pan:Alqpp5688N] Vs. Ito, Ward-36(1), Kolkata..............…..….…..….........……........……...…..…..Respondent I.T.A. No.653/Kol/2024 Assessment Year: 2017-18 Ito, Ward-36(1), Kolkata ………………....………......................……….……Appellant Vs. Sitaram Pareek..............…..….…..…..........................……........……...…..…..Respondent Ca Anup Kumar Sanghai Sanghai & Co, Ca 21, Hemanta Basu Sarani, 2Nd Floor, Room No.204, Kolkata -1. [Pan:Alqpp5688N] Appearances By: Shri Anup Sanghai, Fca, Appeared On Behalf Of The Appellant. Shri Abhijit Adhikari, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 10, 2025 Date Of Pronouncing The Order : March 11, 2025 Order Per Rajesh Kumar: The Captioned Are Cross-Appeals, One By The Assessee & The Other By The Revenue Against The Common Order Dated 29.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since The Facts & Issued Involved In Both The Appeals Are Identical & Both The Appeals Are Arising Out Of The Same Order Of The Ld.

Section 143(3)Section 250Section 68

growers/cultivators for which the assessee has not kept proper records. Finally, the entire cash withdrawals of Rs.4,66,71,960/- has been treated as unexplained expenditure and added the same u/s 68 to the total income of the assessee in an assessment framed u/s 143(3) of the Act dated

Sitaram Pareek, Kolkata vs. ITO, Ward-36(1), Kolkata

In the result, the appeal of the assessee is allowed, whereas, the appeal of the revenue is dismissed

ITA 378/KOL/2024[2017-18]Status: DisposedITAT Kolkata11 Mar 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyi.T.A. No.378/Kol/2024 Assessment Year: 2017-18 Sitaram Pareek………………....…………...………......................……….……Appellant Ca Anup Kumar Sanghai Sanghai & Co, Ca 21, Hemanta Basu Sarani, 2Nd Floor, Room No.204, Kolkata -1. [Pan:Alqpp5688N] Vs. Ito, Ward-36(1), Kolkata..............…..….…..….........……........……...…..…..Respondent I.T.A. No.653/Kol/2024 Assessment Year: 2017-18 Ito, Ward-36(1), Kolkata ………………....………......................……….……Appellant Vs. Sitaram Pareek..............…..….…..…..........................……........……...…..…..Respondent Ca Anup Kumar Sanghai Sanghai & Co, Ca 21, Hemanta Basu Sarani, 2Nd Floor, Room No.204, Kolkata -1. [Pan:Alqpp5688N] Appearances By: Shri Anup Sanghai, Fca, Appeared On Behalf Of The Appellant. Shri Abhijit Adhikari, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 10, 2025 Date Of Pronouncing The Order : March 11, 2025 Order Per Rajesh Kumar: The Captioned Are Cross-Appeals, One By The Assessee & The Other By The Revenue Against The Common Order Dated 29.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since The Facts & Issued Involved In Both The Appeals Are Identical & Both The Appeals Are Arising Out Of The Same Order Of The Ld.

Section 143(3)Section 250Section 68

growers/cultivators for which the assessee has not kept proper records. Finally, the entire cash withdrawals of Rs.4,66,71,960/- has been treated as unexplained expenditure and added the same u/s 68 to the total income of the assessee in an assessment framed u/s 143(3) of the Act dated

ACIT, Central Circle, Alwar vs. Sh. Tara Chand Gupta, Alwar

In the result the appeal filed by the revenue in ITA no

ITA 514/JPR/2024[2017-18]Status: DisposedITAT Jaipur10 Mar 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम ACIT, Vs. Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Kesh

For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR a
Section 143(3)Section 68Section 69C

nature of the transaction which he fails to discharge. In view of the above discussion, the payment of Rs. 66,000/- was considered as unexplained expenditure of the assessee and addition was made in the total income of the assessee as per provisions of section 69C r.w.s. 115BBE ... proper justification, assessee was asked to show cause as to why the payment of Rs. 50,000/- may not be treated as his unexplained expenditure and may not be added in your total income for the year under consideration. In response to the notice the A/R of the assessee filed

Sh. Tarachand Gupta, Alwar vs. ACIT, Central Circle, Alwar

In the result the appeal filed by the revenue in ITA no

ITA 449/JPR/2024[2017-18]Status: DisposedITAT Jaipur10 Mar 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम Vs. ACIT, Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Ke

For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR a
Section 143(3)Section 68Section 69C

nature of the transaction which he fails to discharge. In view of the above discussion, the payment of Rs. 66,000/- was considered as unexplained expenditure of the assessee and addition was made in the total income of the assessee as per provisions of section 69C r.w.s. 115BBE ... proper justification, assessee was asked to show cause as to why the payment of Rs. 50,000/- may not be treated as his unexplained expenditure and may not be added in your total income for the year under consideration. In response to the notice the A/R of the assessee filed