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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

Keshava Reddy Nagireddy, Hyderabad vs. Dy Commissioner of Income Tax, Circle (1), Kurnool

In the result, appeal filed by the assessee in ITA

ITA 464/HYD/2024[2015-16]Status: DisposedITAT Hyderabad28 Nov 2024AY 2015-16

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.463 & 464/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2014-15 & 2015-16) Keshava Reddy Nagireddy Vs. Dy.Commissioner Of Hyderabad Income Tax [Pan :Adcpn1614N] Circle (1) Kurnool (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: M.Chandramouleswara Rao,Ar रधजस् व द्वधरध/Revenue By:: Shri B.Bala Krishna, Cit-Dr सुिवधई की तधरीख/Date Of 28/11/2024 Hearing: घोर्णध की तधरीख/Date Of 28/11/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Two Appeals Filed By The Assessee Are Directed Against The Separate, But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Both Dated 05/03/2024, Pertaining To A.Y.2014-15 & 2015-16. Since The Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Off By This Consolidated Order.

For Appellant: M.Chandramouleswara Rao,ARFor Respondent: : Shri B.Bala Krishna, CIT-DR
Section 142(1)Section 144Section 147Section 148Section 69ASection 69C

said income to tax (ii) Rs.2,47,443/- as undisclosed income with regard to income earned from interest (iii) Rs.14,37,703/- as unexplained expenditure u/s 69C of the Act as the assessee failed to explain the source for purchase of movable property. Penalty proceedings were initiated separately

Keshava Reddy Nagireddy, Hyderabad vs. Dy Commissioner of Income Tax, Circle (1), Kurnool

In the result, appeal filed by the assessee in ITA

ITA 463/HYD/2024[2014-15]Status: DisposedITAT Hyderabad28 Nov 2024AY 2014-15

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.463 & 464/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2014-15 & 2015-16) Keshava Reddy Nagireddy Vs. Dy.Commissioner Of Hyderabad Income Tax [Pan :Adcpn1614N] Circle (1) Kurnool (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: M.Chandramouleswara Rao,Ar रधजस् व द्वधरध/Revenue By:: Shri B.Bala Krishna, Cit-Dr सुिवधई की तधरीख/Date Of 28/11/2024 Hearing: घोर्णध की तधरीख/Date Of 28/11/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Two Appeals Filed By The Assessee Are Directed Against The Separate, But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Both Dated 05/03/2024, Pertaining To A.Y.2014-15 & 2015-16. Since The Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Off By This Consolidated Order.

For Appellant: M.Chandramouleswara Rao,ARFor Respondent: : Shri B.Bala Krishna, CIT-DR
Section 142(1)Section 144Section 147Section 148Section 69ASection 69C

said income to tax (ii) Rs.2,47,443/- as undisclosed income with regard to income earned from interest (iii) Rs.14,37,703/- as unexplained expenditure u/s 69C of the Act as the assessee failed to explain the source for purchase of movable property. Penalty proceedings were initiated separately