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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

Deputy Commisioner of Income Tax, Chennai vs. Anbu Infratech Private Ltd, Karichipalayam

ITA 1128/CHNY/2024[2018-19]Status: DisposedITAT Chennai06 Nov 2024AY 2018-19

Bench: Shri Mahavir Singh, Vice- & Shri Manoj Kumar Aggarwalआयकर अपीलसं./I.T.A.No.1128/Chny/2024 (निर्धारणवर्ष / Assessment Year: 2018-19) The Deputy Commissioner Of Vs Anbu Infratech Pvt. Ltd., Income Tax, 3/74, Pappampalayam, Central Circle-2(1), Nallipalayam, Chennai. Karichipalayam – 637 201. (अपीलार्थी/Appellant) Pan:Aajca-6772-H (प्रत्यर्थी/Respondent) अपीलार्थीकीओरसे / Appellant By : Mr. R.Clement Ramesh Kumar, Cit प्रत्यर्थीकी ओरसे/Respondent By : Mr. M.V.Prasad, Fca & Mr.Rajendra Kumar, Irs (Retd) सुनवाईकीतारीख/Date Of Hearing : 28.08.2024 घोषणाकीतारीख / Date Of Pronouncement : 06. 11.2024 आदेश / Order Per Mahavir Singh, Vp: This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), Chennai In Order No.Itba/Apl/S/250/2023-24/1061245710(1) Dated 21.02.2024. The Assessment Was Framed By The Deputy Commissioner Of Income Tax, Central Circle 2(1), Chennai For The Assessment Year 2018-19 U/S.153C Of The Income Tax Act, 1961 (Hereinafter The 'Act') Vide Order Dated 28.09.2021. 2.

For Appellant: Mr. R.Clement Ramesh KumarFor Respondent: Mr. M.V.Prasad, FCA &
Section 153CSection 69C

No.1128/Chny/2024 The only issue in this appeal of the Revenue is against the order of CIT(A) deleting addition made by the AO towards unexplained expenditure u/s.69C of the Act in respect of trade payable settled outside books of accounts. For this the Revenue has raised following grounds ... which read as under:- "2. The Ld.CIT(A) erred in deleting addition of Rs.4,00,00,000/- made towards unexplained expenditure u/s.69C in respect of trade payable settled outside the books of account as evidenced by seized material coupled with sworn statement of Shri A.N.Boopathy, Director of the assessee company

DCIT-CC-5(3), Mumbai, Air India, Nariman Point vs. Aditya Birla Sun Life Insurance Company Limited, Mumbai

In the result, appeal of the assessee is partly allowed for statistical purposes and that of the revenue is dismissed

ITA 3044/MUM/2024[2021-22]Status: DisposedITAT Mumbai28 Oct 2024AY 2021-22

Bench: Shri Pavan Kumar Gadale & Shri Girish Agrawalassessment Year: 2021-22 Aditya Birla Sunlife Insurance Commissioner Of Income Tax Company Ltd., (A) – 54, 16Th Floor, Tower 1, One World Mumbai Vs. Centre, 841, Senapati Bapat Marg, Elphinstone Road, Mumbai – 400013 (Pan : Aabcb4623J) (Appellant) (Respondent) Assessment Year: 2021-22 Deputy Commissioner Of Income Aditya Birla Sunlife Tax – Central Circle – 5(3), Insurance Company Ltd., Mumbai 16Th Floor, Tower 1, One Vs. World Centre, 841, Senapati Bapat Marg, Elphinstone Road, Mumbai – 400013 (Pan : Aabcb4623J) (Appellant) (Respondent) Present For: Assessee : Shri Ronak Doshi, Ca Revenue : Shri Ajay Chandra, Cit Dr

For Appellant: Shri Ronak Doshi, CAFor Respondent: Shri Ajay Chandra, CIT DR
Section 10Section 143(3)Section 14ASection 234ASection 234BSection 37(1)Section 44Section 69C

Appellant as per law WITHOUT PREJUDICE TO GROUND NO. I& II ABOVE, GROUND NO. IV: ADDITION OF RS. 2,48,69,38,754/- AS UNEXPLAINED EXPENDITURE U/S 69C OF THE ACT: 1. On the facts and circumstances of the case and in law, the CIT(A) erred in upholding ... action of the ld. AO in making addition of Rs. 2,48,69,38,754/- as unexplained expenditure u/s 69C of the Act. Aditya Birla Sunlife Insurance Co. Ltd., AY 2021-22 2. In light of section 44 read with First Schedule and even otherwise, the Appellant prays that

Aditya Birla Sunlife Insurance Company Limited, Mumbai vs. CIT (A) 54, Mumbai

In the result, appeal of the assessee is partly allowed for statistical purposes and that of the revenue is dismissed

ITA 1828/MUM/2024[2021-22]Status: DisposedITAT Mumbai28 Oct 2024AY 2021-22

Bench: Shri Pavan Kumar Gadale & Shri Girish Agrawalassessment Year: 2021-22 Aditya Birla Sunlife Insurance Commissioner Of Income Tax Company Ltd., (A) – 54, 16Th Floor, Tower 1, One World Mumbai Vs. Centre, 841, Senapati Bapat Marg, Elphinstone Road, Mumbai – 400013 (Pan : Aabcb4623J) (Appellant) (Respondent) Assessment Year: 2021-22 Deputy Commissioner Of Income Aditya Birla Sunlife Tax – Central Circle – 5(3), Insurance Company Ltd., Mumbai 16Th Floor, Tower 1, One Vs. World Centre, 841, Senapati Bapat Marg, Elphinstone Road, Mumbai – 400013 (Pan : Aabcb4623J) (Appellant) (Respondent) Present For: Assessee : Shri Ronak Doshi, Ca Revenue : Shri Ajay Chandra, Cit Dr

For Appellant: Shri Ronak Doshi, CAFor Respondent: Shri Ajay Chandra, CIT DR
Section 10Section 143(3)Section 14ASection 234ASection 234BSection 37(1)Section 44Section 69C

Appellant as per law WITHOUT PREJUDICE TO GROUND NO. I& II ABOVE, GROUND NO. IV: ADDITION OF RS. 2,48,69,38,754/- AS UNEXPLAINED EXPENDITURE U/S 69C OF THE ACT: 1. On the facts and circumstances of the case and in law, the CIT(A) erred in upholding ... action of the ld. AO in making addition of Rs. 2,48,69,38,754/- as unexplained expenditure u/s 69C of the Act. Aditya Birla Sunlife Insurance Co. Ltd., AY 2021-22 2. In light of section 44 read with First Schedule and even otherwise, the Appellant prays that

Assistant Commissioner of Income Tax Corporate Circle 1(1), Chennai vs. Folium Trading Private Limited, Chennai

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

ITA 1271/CHNY/2024[2017-18]Status: DisposedITAT Chennai25 Oct 2024AY 2017-18

Bench: Shri Mahavir Singhand Shri Jagadishआयकर अपील सं./Ita No.: 1271/Chny/2024 िनधा"रण वष"/Assessment Year:2017-18 The Assistant Commissioner Folium Trading Pvt. Ltd., Of Income Tax, Vs. Old No.42, 43, 44, Corporate Circle 1(1), New Door No.73, Chennai. Shop No.G8, Arcot Road, Kodambakkam, Chennai – 600 024. Pan: Aaccf 4425B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. R. Anita, Addl.Cit ""यथ" क" ओर से/Respondent By : Shri D. Anand, Advocate सुनवाई क" तारीख/Date Of Hearing : 17.10.2024 घोषणा क" तारीख/Date Of Pronouncement : 25.10.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi In Order No. Itba/Nfac/S/250/2023- 24/1060106027 (1) Dated 25.01.2024. The Assessment Was Framed By The Assistant Commissioner Of Income Tax, Corporate Circle 2(1), Chennai For The Assessment Year 2017-18 U/S.143(3)Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 19.12.2019. 2. At The Outset, It Is Noticed That This Appeal Is Barred By Limitation By 28 Days & Revenue Has Filed Affidavit. The Facts Are That The Order Of Cit(A) Dated 25.01.2024 Was Received In The Office Of Pcit On 02.02.2024 & The Due Date Of Filing Of Appeal Before

For Appellant: Ms. R. Anita, Addl.CITFor Respondent: Shri D. Anand, Advocate
Section 115BSection 143(2)Section 143(3)Section 68

relevant to assessment year concerned, in which the assessee is found to be the owner of such money, bullion, jewellery or valuable article or unexplained expenditure, if, the such expenditure or such money etc., are not recorded in the books of accounts, if any, maintained by assessee for any source