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

DCIT, Central Circle - 4(4), Kolkata vs. M/S. Evernewcommodeal Pvt. Ltd., Kolkata

In the result, ITA No.1535/Kol/2025 of the revenue is dismissed

ITA 1536/KOL/2025[2019-20]Status: DisposedITAT Kolkata10 Oct 2025AY 2019-20

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1535 & 1536/Kol/2025 Assessment Years: 2018-19 & 2019-20 Dcit, Central Circle-4(4), Kolkata.…………………………….…….……Appellant Vs. M/S Evernewcommodeal Pvt. Ltd..……………….………...……...…..…..Respondent 11, Pollock Street, Kol- 1. [Pan: Aabce9293P] Appearances By: Shri Altaf Hossain, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Manish Tiwari, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 17, 2025 Date Of Pronouncing The Order : October 10, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2018-19 & 2019-20 Against Separate Orders Both Dated 25.04.2025 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. Ita No.1535/Kol/2025 Is Taken As Lead Case For Narration Of Facts. Ita No.1535/Kol/2025 - Brief Facts Of The Case Are That U/S 2. 139(1) Of The Act On 10-10-2019 Declaring A Total Income At Rs. 10,02,960/-. The Same Was Processed U/S 143(1) Of The Act. Later, A Search & Seizure Operation U/S 132 Of The Act Was Conducted At "Ladhuram Toshniwal Group" On 08-03-2022 As A Part Of "Jain Group" Of Concerns/ Persons At Various Places & Simultaneously, Business

Section 127Section 132Section 133ASection 142(1)Section 143(1)Section 143(2)Section 147Section 148Section 2Section 250

DCIT, Central Circle - 4(4), Kolkata vs. M/S. Evernewcommodeal Pvt. Ltd., Kolkata

In the result, ITA No.1535/Kol/2025 of the revenue is dismissed

ITA 1535/KOL/2025[2018-19]Status: DisposedITAT Kolkata10 Oct 2025AY 2018-19

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1535 & 1536/Kol/2025 Assessment Years: 2018-19 & 2019-20 Dcit, Central Circle-4(4), Kolkata.…………………………….…….……Appellant Vs. M/S Evernewcommodeal Pvt. Ltd..……………….………...……...…..…..Respondent 11, Pollock Street, Kol- 1. [Pan: Aabce9293P] Appearances By: Shri Altaf Hossain, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Manish Tiwari, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 17, 2025 Date Of Pronouncing The Order : October 10, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2018-19 & 2019-20 Against Separate Orders Both Dated 25.04.2025 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. Ita No.1535/Kol/2025 Is Taken As Lead Case For Narration Of Facts. Ita No.1535/Kol/2025 - Brief Facts Of The Case Are That U/S 2. 139(1) Of The Act On 10-10-2019 Declaring A Total Income At Rs. 10,02,960/-. The Same Was Processed U/S 143(1) Of The Act. Later, A Search & Seizure Operation U/S 132 Of The Act Was Conducted At "Ladhuram Toshniwal Group" On 08-03-2022 As A Part Of "Jain Group" Of Concerns/ Persons At Various Places & Simultaneously, Business

Section 127Section 132Section 133ASection 142(1)Section 143(1)Section 143(2)Section 147Section 148Section 2Section 250

Pellucid Securities Private Limited, Mumbai vs. ITO Ward 7(3)(1), Mumbai

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 4372/MUM/2025[2014-15]Status: DisposedITAT Mumbai08 Oct 2025AY 2014-15

Bench: Shri Narender Kumar Choudhryassessment Year: 2014-15 M/S. Pellucid Securities Commissioner Of Income Private Limited, Tax Appeal, (Nfac) 301, Turf View, National Faceless Appeal 63, Dadarkar Compound, Centre – Ito Ward 7(3)(1), Vs. Tardeo, Ab-126J, Mumbai Aayakar Bhawan, Maharashtra - 400034 Churchgate, Pan: Aafcp1405L Mumbai Maharashtra – 400 020 (Appellant) (Respondent) Present For: Assessee By : Shri Vimal Punmiya, Ld. A.R. Revenue By : Shri Sanjeev Bhagat, Ld. D.R. Date Of Hearing : 18.09.2025 Date Of Pronouncement : 08.10.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 08.10.2024, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2014-15. 2. At The Outset, It Is Observed That There Is A Delay Of 183 Days In Filing This Appeal, As Pointed Out By The Registry, On Which The Assessee Has Claimed That Due To Non-Receipt Of The Impugned Order On Its Email Registered As Well As In Physical Form, The Delay Has Been Occurred, Which Was Neither Intentional Nor Malafide But Because Of The Aforesaid Reason.

For Appellant: Shri Vimal Punmiya, Ld. A.RFor Respondent: Shri Sanjeev Bhagat, Ld. D.R
Section 142(1)Section 147Section 148Section 250Section 68Section 69Section 69C

Dy. Commissioner of Income Tax, Central Circle 4(1), Mumbai vs. Khopoli Investments Ltd, Mumbai

In the result, both Assessee’s and Revenue’s appeals are dismissed

ITA 3846/MUM/2025[2014-15]Status: DisposedITAT Mumbai07 Oct 2025AY 2014-15

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankarkhopoli Investments V/S. Deputy Commissioner Of Limited बनाम Income Tax, Central Circle– 206, 1St Floor, Dalamal 4(1), 420, 4Th Floor,Kautilya House, J.B. Marg Nariman Bhavan, Bandra Kurla Complex, Point, Mumbai – 400 021, G-Block, Bandra East, Mumbai Maharashtra – 400 051, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaack1740J Appellant/अपीलाथी .. Respondent/प्रतिवादी Deputy Commissioner Of Income V/S. Khopoli Investments Tax, Central Circle–4(1), 420, बनाम Limited 4Th Floor, Kautilya Bhavan, 206, 1St Floor, Dalamal Bandra Kurla Complex, G-Block, House, J.B. Marg Bandra East, Mumbai – 400 051, Nariman Point, Mumbai – Maharashtra 400 021, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaack1740J Appellant/अपीलार्थी .. Respondent/प्रतिवादी Assessee By : Shri Priyank Ghia,Ar Revenue By: Shri Ritesh Misra, (Cit Dr) Date Of Hearing 07.08.2025 Date Of Pronouncement 07.10.2025 आदेश / O R D E R Per Prabhash Shankar [A.M.] :- 1. The Above Captioned Appeal Ita No. 3789/Mum/2025 Is Preferred By The Assessee & Ita No. 3846/Mum/2025 Is Filed By P A G E | 2

For Appellant: Shri Priyank Ghia,ARFor Respondent: Shri Ritesh Misra, (CIT DR)
Section 132Section 132(4)Section 143(3)Section 68

Khopoli Investments Limited, Mumbai vs. Deputy Commissioner of Income Tax -4, Mumbai

In the result, both Assessee’s and Revenue’s appeals are dismissed

ITA 3789/MUM/2025[2014-15]Status: DisposedITAT Mumbai07 Oct 2025AY 2014-15

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankarkhopoli Investments V/S. Deputy Commissioner Of Limited बनाम Income Tax, Central Circle– 206, 1St Floor, Dalamal 4(1), 420, 4Th Floor,Kautilya House, J.B. Marg Nariman Bhavan, Bandra Kurla Complex, Point, Mumbai – 400 021, G-Block, Bandra East, Mumbai Maharashtra – 400 051, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaack1740J Appellant/अपीलाथी .. Respondent/प्रतिवादी Deputy Commissioner Of Income V/S. Khopoli Investments Tax, Central Circle–4(1), 420, बनाम Limited 4Th Floor, Kautilya Bhavan, 206, 1St Floor, Dalamal Bandra Kurla Complex, G-Block, House, J.B. Marg Bandra East, Mumbai – 400 051, Nariman Point, Mumbai – Maharashtra 400 021, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaack1740J Appellant/अपीलार्थी .. Respondent/प्रतिवादी Assessee By : Shri Priyank Ghia,Ar Revenue By: Shri Ritesh Misra, (Cit Dr) Date Of Hearing 07.08.2025 Date Of Pronouncement 07.10.2025 आदेश / O R D E R Per Prabhash Shankar [A.M.] :- 1. The Above Captioned Appeal Ita No. 3789/Mum/2025 Is Preferred By The Assessee & Ita No. 3846/Mum/2025 Is Filed By P A G E | 2

For Appellant: Shri Priyank Ghia,ARFor Respondent: Shri Ritesh Misra, (CIT DR)
Section 132Section 132(4)Section 143(3)Section 68