Section 69C of the Income Tax Act

Income-tax Act, 2025: s.105

Section 69C of the Income-tax Act, 1961 corresponds to section 105 (Unexplained expenditure) of the Income-tax Act, 2025.

Read section 105 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 69C is Sumati Dayal v. CIT (214 ITR 801), cited in 1,967 of the 8,217 judgments on BharatTax that turn on this section.

Leading authorities on Section 69C

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

CIT v. Durga Prasad More
82 ITR 540 · 1971 · Supreme Court
1,579
citing judgments

Tax authorities must judge evidence using the test of human probabilities and consider the apparent as real until there are reasons to believe it is not. They can rely on circumstantial evidence and the preponderance of probabilities to determine the genuineness of transactions.

CIT v. Simit P. Sheth
356 ITR 451 · 2013 · High Court
1,465
citing judgments

Additions for alleged bogus purchases should be restricted to the profit element, not the entire turnover. The profit element is often estimated at 12.5% of the purported bogus purchases.

Kishanchand Chellaram v. CIT
125 ITR 713 · 1980 · Supreme Court
962
citing judgments

An assessee is entitled to be confronted with evidence used against them and to an opportunity for cross-examination, especially when that evidence is from a third party or a retracted statement. Failure to provide such an opportunity violates the principles of natural justice.

McDowell & Co. Ltd. v. CTO
154 ITR 148 · 1985 · Supreme Court
741
citing judgments

The Supreme Court held that while legitimate tax planning is permissible, transactions structured as a "colourable device" or "subterfuge" solely to avoid tax are impermissible. It mandates a judicial shift to look beyond the form to the substance of a transaction, allowing the lifting of the corporate veil in tax evasion arrangements.

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

Umacharan Shaw & Bros. v. CIT
37 ITR 271 · 1959 · Supreme Court
567
citing judgments

An income tax assessment or addition cannot be sustained solely on the basis of suspicion, surmises, or conjectures, as strong suspicion does not amount to proof. The revenue authorities must rely on concrete evidence and material to frame an assessment.

CIT v. Daulat Ram Rawatmull
87 ITR 349 · 1973 · Supreme Court
525
citing judgments

The onus to prove that an apparent transaction or explanation is not real lies with the person who claims it to be so. If an assessee provides a plausible explanation for a transaction, the revenue must establish that the apparent transaction is not genuine.

CIT v. P. Mohanakala
291 ITR 278 · 2007 · Supreme Court
525
citing judgments

The Supreme Court emphasized that in the absence of concrete rebuttal by the assessee, circumstantial evidence holds significant weight, applying the doctrine of preponderance of probability, particularly when assessing undisclosed income or unexplained cash credits.

Parashuram Pottery Works Co. Ltd. v. ITO
106 ITR 1 · 1977 · Supreme Court
486
citing judgments

The principle of finality dictates that stale issues should not be reactivated, and lapse of time brings repose to judicial and quasi-judicial controversies. A Commissioner cannot substitute their judgment for the Assessing Officer's unless the assessment order is legally erroneous, not merely less elaborate, thus limiting revisionary powers under Section 263.

Judgments on Section 69C

Milando Fashions Limited, Ludhiana vs. Cir III(1), JCIT-III/Ldh, Ludhiana

In the result, the legal ground challenging the validity of reopening is allowed and the reassessment proceedings are quashed

ITA 632/CHANDI/2026[2012-13]Status: DisposedITAT Chandigarh07 Oct 2026AY 2012-13

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Rajesh Damodarlal Sharma, Jm आयकर अपील सं./ Ita No.632/Chandi/2026 (िनधा"रण वष" / Assessment Year: 2012-13) Milando Fashions Limited Jcit – Iii, Ludhiana (Formerly Kaursain Exports Ltd.) Aaykar Bhawan, Rishi Nagar बनाम/ Vs. Village Ghalewal, Rahon Road Ludhiana, Punjab – 141001 Ludhiana, Punjab – 141007 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aabck-9478-L (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Nikhil Goyal (Advocate), Sh. Ashok Goyal (Ca) & Sh. Rishab Kapoor (Advocate) – Ld. Ars ""थ"कीओरसे/Respondent By : Smt. Meenakshi Dohare (Cit) - Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 17-09-2026 घोषणाकीतारीख /Date Of Pronouncement 07-10-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2012-13 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 23.01.2026 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) R.W.S. 147 Of The Act On 31.12.2019. The Grounds Of Appeal As Raised By The Assessee Read As Under: -

For Appellant: Sh. Nikhil Goyal (Advocate), Sh. Ashok GoyalFor Respondent: Smt. Meenakshi Dohare (CIT) - Ld. DR (Virtual)
Section 143(3)Section 147Section 149Section 69C

ACIT, Circle-49(1), New Delhi vs. Kuldeep Chhabra, New Delhi

Accordingly, the addition of Rs.32,73,010/- made under section 69C in the reassessment order is hereby deleted. The grounds of appeal raised by the appellant are therefore allowed

ITA 6507/DEL/2026[2019-20]Status: DisposedITAT Delhi07 Oct 2026AY 2019-20

Bench: Shri Satbeer Singh Godara & Shri Sanjay Awasthiassessment Year: 2018-19 Acit, Circle-49(1), Vs. Kuldeep Chhabra, 1505, E-2 Block, 70B/06, Rama Road, Industrial Area, S.P. Mukherjee, Civic Center, Ramesh Nagar, Delhi 110015. New Delhi, Delhi 110002. Pan No. Acspc9675M Appellant Respondent & Assessment Year: 2019-20 Vs. Kuldeep Chhabra, Acit, Circle-49(1), 1505, E-2 Block, 70B/06, Rama Road, Industrial Area, S.P. Mukherjee, Civic Center, Ramesh Nagar, Delhi 110015. New Delhi, Delhi 110002. Pan No. Acspc9675M Appellant Respondent Assessee By Shri Ravi Pratap Mall, Adv. Revenue By Shri Novel Roy, Sr. Dr Date Of Hearing: 10.09.2026 Pronouncement On 07.10.2026 O R D E R Per Sanjay Awasthi: 1. These Two Appeals Pertain To The Same Assessee For Assessment Years 2018-19 (Ita 6506) & Ay 2019-20 (Ita 6507). Since These Two Appeals Pertain To The Same Assessee, Hence, We Deem It Fit To Dispose Of The Two Cases Through A Single Order. 2. Ita 6506 Arises From Order Dated 24.03.2026, Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), By Nfac. Ita 6507 Arises From Order Dated 24.03.2026, Passed U/S 250 Of The Act, By Nfac.

Section 147Section 250Section 68Section 69C

ACIT, Circle-49(1), New Delhi vs. Kuldeep Chhabra, New Delhi

Accordingly, the addition of Rs.32,73,010/- made under section 69C in the reassessment order is hereby deleted. The grounds of appeal raised by the appellant are therefore allowed

ITA 6506/DEL/2026[2018-19]Status: DisposedITAT Delhi07 Oct 2026AY 2018-19

Bench: Shri Satbeer Singh Godara & Shri Sanjay Awasthiassessment Year: 2018-19 Acit, Circle-49(1), Vs. Kuldeep Chhabra, 1505, E-2 Block, 70B/06, Rama Road, Industrial Area, S.P. Mukherjee, Civic Center, Ramesh Nagar, Delhi 110015. New Delhi, Delhi 110002. Pan No. Acspc9675M Appellant Respondent & Assessment Year: 2019-20 Vs. Kuldeep Chhabra, Acit, Circle-49(1), 1505, E-2 Block, 70B/06, Rama Road, Industrial Area, S.P. Mukherjee, Civic Center, Ramesh Nagar, Delhi 110015. New Delhi, Delhi 110002. Pan No. Acspc9675M Appellant Respondent Assessee By Shri Ravi Pratap Mall, Adv. Revenue By Shri Novel Roy, Sr. Dr Date Of Hearing: 10.09.2026 Pronouncement On 07.10.2026 O R D E R Per Sanjay Awasthi: 1. These Two Appeals Pertain To The Same Assessee For Assessment Years 2018-19 (Ita 6506) & Ay 2019-20 (Ita 6507). Since These Two Appeals Pertain To The Same Assessee, Hence, We Deem It Fit To Dispose Of The Two Cases Through A Single Order. 2. Ita 6506 Arises From Order Dated 24.03.2026, Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), By Nfac. Ita 6507 Arises From Order Dated 24.03.2026, Passed U/S 250 Of The Act, By Nfac.

Section 147Section 250Section 68Section 69C