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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

Srinivas Shah Radraraju, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-2(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 957/HYD/2019[2014-15]Status: DisposedITAT Hyderabad05 Feb 2025AY 2014-15

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.957/Hyd/2019 (निर्धारण वर्ा/Assessment Year: 2014-15) Srinivas Shah Rudraraju Vs. Dcit, Circle-2(1) Hyderabad Hyderabad [Pan :Afcpr1979L] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Dr.Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 15/01/2025 घोर्णध की तधरीख/Date Of 05/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.03.2019 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)]-2, Guntur, Pertaining To A.Y.2014-15. 2. The Brief Facts Of The Case Are That, The Assessee Is An Individual, Filed His Return Of Income For The A.Y.2014-15 On 31.03.2015, Admitting Total Income Of Rs.53,50,976/-. The Case Was Selected For Scrutiny Under Cass For The Reason ‘Suspicious Long Term Capital Gain On Shares’ & During The Course Of Assessment Proceedings, The Assessing Officer, Noticed That The 2 Srinivas Shah Rudra Raju

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Dr.Sachin Kumar, DR
Section 68

also made addition of Rs.4,61,484/- towards alleged commission paid to brokers, who facilitated the transactions of purchase and sale of shares as unexplained expenditure. 3. Being aggrieved by the assessment order, the assessee preferred an appeal before the CIT(A). Before the Ld.CIT(A), the assessee has filed

Vikram Mohanrao Moholkar, Aurangabad vs. Income Tax Officer Assesment Unit Neac, National E Assessment Centre Delhi

In the result, the appeal of the assessee is partly allowed

ITA 1180/PUN/2023[2018-2019]Status: DisposedITAT Pune04 Feb 2025AY 2018-2019

Bench: Shri Manish Boradआयकर अपील सं. / Ita No.1180/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Vikram Mohanrao Vs. Ito, National E- Moholkar, Assessment Centre, H.No.5-10-5, Station Road, Delhi. Near Farm Road Nx, Bansilal Nagar, Aurangabad- 431005. Pan : Ahipm9129M Appellant Respondent Assessee By : Shri Ramesh Vikram Moholkar Revenue By : Shri Sanjay Dhivare Date Of Hearing : 03.02.2025 Date Of Pronouncement : 04.02.2025 आदेश / Order Per Manish Borad, Am: This Appeal Filed At The Instance Of Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfac Dated 16.10.2023 Which Is Arising Out Of The Assessment Order U/S 143(3) R.W.S. 144B Of The Act For Assessment Year 2018-19 Framed On 19.04.2021 By The Ito, National E-Assessment Centre, Delhi. 2. The Sole Grievance Of The Assessee Revolves Around The Issue Of Addition Made For Unexplained Expenditure U/S 69C At Rs.15,36,476/-.

For Appellant: Shri Ramesh Vikram MoholkarFor Respondent: Shri Sanjay Dhivare
Section 143(2)Section 143(3)Section 69C

National E-Assessment Centre, Delhi. 2. The sole grievance of the assessee revolves around the issue of addition made for unexplained expenditure u/s 69C at Rs.15,36,476/-. 2 3. At the outset, Ld. Counsel of the assessee submitted that the alleged expenditure is towards import of goods from outside ... purchase of Rs.14,77,703/- and also accepted that the assessee is carrying on regular business activity, however, alleged addition is made for unexplained expenditure i.e. purchase u/s 69C of the Act. I note that the assessee is found to be regularly carrying on the activity of import of goods