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

Pravesh Kumar Jaiswal, Kolkata vs. I.T.O., Ward - 62(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1269/KOL/2024[2021-2022]Status: DisposedITAT Kolkata16 Oct 2025AY 2021-2022

Bench: Shri Sonjoy Sarmapravesh Kumar Jaiswal Vs Ito, Ward-62(1), Kolkata 245A, Apc Road, Manicktalla, Kol-700006. Pan No. :Acspj9691A (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Sunil Surana, Ar राज"व क" ओर से /Revenue By : Shri P. N. Barnwal, Cir- Dr सुनवाई क" तार"ख / Date Of Hearing : 08/10/2025 घोषणा क" तार"ख/Date Of Pronouncement : 16/10/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm : This Appeal By The Assessee Arises Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Kolkata, Whereby The Action Of The Assessing Officer In Making An Addition Of ₹1,27,38,506/- Under Section 69C Read With Section 115Bbe Of The Income-Tax Act, 1961 Was Confirmed. 2. Brief Facts Of The Case Are That The Case Of The Assessee Was Selected For Scrutiny As It Was Noticed That The Assessee Had Made Substantial Purchases From Certain Suppliers Who Were Either Non- Filers Of Income Tax Returns, Filed Returns With Abnormally Low Turnover, Or Whose Gst Registrations Were Either Cancelled Or Suo Motu Suspended As Per Adg (Gst) Data. Based On This Information, The Assessing Officer Formed A View That There Was A Possibility Of The Assessee Booking Bogus Or Inflated Purchase Expenses To Reduce Taxable Profit & Accordingly, Scrutiny Proceedings Were Initiated By Issue Of Statutory Notices. During

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri P. N. Barnwal, CIR- DR
Section 115BSection 133(6)Section 145(3)Section 69C

Firoz Alam, Saharanpur vs. ITO Ward-3(3)(3), Saharanpur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 346/DEL/2025[2018-19]Status: DisposedITAT Delhi16 Oct 2025AY 2018-19

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalfiroz Alam, Income Tax Officer, Quila Nawab Ganj, Ward-3(3), Saharanapur. Chakrata Road, Vs. Saharanpur, Uttar Pradesh-247001. Pan-Afspa9199P (Appellant) (Respondent) Assessee By None Department By Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 23/07/2025 Date Of Pronouncement 23/07/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A), In Short] Dated 28.08.2024 In Appeal No. Nfac/2017-18/10273096 Arising Out Of Order Passed U/S 147 R.W.S. 144 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) Dated 28.02.2023 For Assessment Year 2018-19. 2. Brief Facts Of The Case Are That Assessment Was Reopened On The Basis Of The Information That Assessee Has Made Transaction Of Rs. 94,76, 190/- With A Company Who Was Indulged In Purchases & Sales Only On Papers Without Actual Moment Of Goods. Accordingly, The Order U/S 148A(D) Of The Act Was Passed & Notice U/S 148 Was Issued After Obtaining The Approval From The Competent Authorities. During The Firoz Alam Vs. Ito Course Of Reassessment Proceedings, The Assessee Never Appeared Nor Filed Any Reply Before The Ao And, Therefore, The Ao Proceed To Complete The Assessment Exparte By Making The Addition Of Rs.94,76,190/- As Unexplained Expenditure U/S 69C Of The Act Towards The Purchases Made From Two Parties.

Section 147Section 148Section 148ASection 221(1)Section 69C