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

Anuj Sharma, Delhi vs. Income Tax Officer, Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 6790/DEL/2026[2020-21]Status: DisposedITAT Delhi18 Sept 2026AY 2020-21

Bench: Shri Mahavir Singh & Shri S.Rifaur Rahmananuj Sharma, Vs. Ito, Ward 36 (1), G-3/124, Sector 16, Rohini, New Delhi. Delhi – 110 089. (Pan : Atdps9646N) (Appellant) (Respondent) Assessee By : Shri Jtender Rathor, Advocate Revenue By : Shri Balkishan Gopal, Sr. Dr Date Of Hearing : 14.09.2026 Date Of Pronouncement : 14.09.2026 O R D E R Per S.Rifaur Rahman,Am: 1. This Appeal Is Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [For Short ‘Ld. Cit (A)] Dated 28.04.2026 For The Assessment Year 2020-21. 2. Brief Facts Of The Case Are, The Assessee, Is An Individual Who Filed His Return Of Income For Ay 2020-21 On 22.12.2020 Declaring Total Income Of Rs.4,86,570/-. Subsequently, Information Was Received Through The 2 Insight Portal Based On Criu/Vru Data Indicating That The Assessee Had Allegedly Entered Into Transactions Of Purchases Amounting To Rs.50,96,555/- From M/S Gauri Shankar Trading Co., Which Was Suspected To Be A Non-Genuine Entity Involved In Providing Accommodation Entries. Accordingly, Proceedings U/S. 148A Of The Income-Tax Act, 1961 (For Short ‘The Act’) Were Initiated. A Show Cause Notice U/S. 148A(B) Dated 15.02.2024 Was Issued To The Assessee Asking To Explain As To Why The Said Transactions Should Not Be Treated As Income Escaping Assessment. The Assessee Furnished A Reply On 07.03.2024, Which Was Considered By The Assessing Officer But Found To Be Not Satisfactory. Consequently, An Order U/S. 148A(D) Was Passed On 31.03.2024 Holding That It Was A Fit Case For Issuance Of Notice U/S. 148 Of The Act. Thereafter, Notice U/S. 148 Dated 31.03.2024 Was Issued & Served Upon The Assessee. In Response, Assessee Filed Return Of Income On 05.05.2024 Declaring Total Income Of Rs.5,07,890/-.

For Appellant: Shri Jtender Rathor, AdvocateFor Respondent: Shri Balkishan Gopal, Sr. DR
Section 143(2)Section 148Section 148ASection 151Section 69C