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

Thubagere Mudveerappa Enterprises, Bangalore vs. Income Tax Officer, Ward-6(2)(4), Bangalore

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

ITA 1146/BANG/2023[2017-18]Status: DisposedITAT Bangalore24 Jan 2024AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2017-18 Thubagere Mudveerappa Enterprises No.9, 5Th Main Road, Apmc Yard Yeshwanthpur Ito Bangalore 560 022 Vs. Ward-6(2)(4) Karnataka Bangalore Pan No : Aaeft3444R Appellant Respondent Appellant By : Smt. Prathibha R., A.R. Respondent By : Shri Ganesh R. Ghale, Standing Counsel For Department. Date Of Hearing : 24.01.2024 Date Of Pronouncement : 24.01.2024 O R D E R Per Chandra Poojari: This Appeal By Assessee Is Directed Against Order Of Nfac For The Assessment Year 2017-18 Dated 24.11.2023 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”). The Assessee Has Raised Following Grounds: 1. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Upholding The Order Passed Under Sec. 144 Of The Act By The Learned Assessing Authority Is Opposed To Law & Not Valid & Accordingly Liable To Be Cancelled. 2. The Ld. Cit(A) Ought To Have Given Opportunity To Submit The Details & Allow To Give The Explanation About The Cash Deposits Were Made In Bank. The Deposits Were Made Out Of The Accumulated Cash Balances Relating To His Business. Thus, The Impugned Additions Confirmed By The Ld. Cit(A) Was Uncalled For.

For Appellant: Smt. Prathibha R., A.RFor Respondent: Shri Ganesh R. Ghale, Standing Counsel for Department
Section 115BSection 144Section 250Section 69A

Mrs. Nisha Ashish Gupta, Mumbai vs. ITO-31(2) (4), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1519/MUM/2021[2014-15]Status: DisposedITAT Mumbai23 Jan 2024AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1519/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2014-15) Mrs. Nisha Ashish Gupta बिधम/ Ito-31(2)(4) 1501, Anmol Enclave, Opp Pratyakshakar Bhavan, C- Vs. Patel Auto, Goregaon West, 13, Bandra Kurla Mumbai-400062. Complex, Bandra (East), Mumbai-400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adlpg0969J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vishnu Agarwal/Shri Amit Agarwal Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 21/12/2023 घोषणा की तारीख /Date Of Pronouncement: 23/01/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 18.08.2021 For The Assessment Year 2014-15. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao Disallowing The Long Term Capital Gain (Ltcg) Claimed By The Assessee In Respect Of Sale Of Shares M/S. Sunrise Asian Limited (Hereafter “M/S. Sunrise”) Of Rs.98,81,550/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”). & Thus Denying Deduction U/S 10(38) Of The Act As Well As Upholding Addition Of Rs.1,97,631/- As Commission For Arranging The Bogus Ltcg (2% Of Commission) U/S 69C Of The Act.

For Appellant: Shri Vishnu Agarwal/Shri AmitFor Respondent: Shri Ashok Kumar Ambastha (Sr
Section 10(38)Section 132(4)Section 147Section 68Section 69C

Vinipul Inorganics Pvt. Ltd., Chembur, Mumbai vs. Income Tax Officer Ward 14 (3) (2) Mumbai, Maharashi Karve Road, Mumbai

In the result, appeal of the assessee is partly allowed in the terms aforesaid

ITA 2402/MUM/2023[2011-2012]Status: DisposedITAT Mumbai18 Jan 2024AY 2011-2012

Bench: Shri Vikas Awasthy& Shri Amarjit Singhआअसं.2402 /मुं/2023 (िन.व. 2011-12) Vinipul Inorganics Pvt.Ltd. 1/3, Kandhari Colony, 2Nd Road, Chembur, Mumbai – 400 071. Pan: Aacca-9261-A ...... अपीलाथ"/Appellant बनाम Vs. Income Tax Officer, Ward 14(3)(2), Room No.458, 4Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Rahul Hakani, Advocate "ितवादी "ारा/Respondent By : Shri Dharamveer D. Yadav, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 17/01/2024 घोषणा क" ितिथ/ Date Of Pronouncement : 18/01/2024 आदेश/Order Per Vikas Awasthy, J.M: This Appeal Has Been Filed By The Assessee Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [ In Short ‘The Cit(A)’] Dated 02/06/2023, For The Assessment Year 2011-12. 2. The Solitary Issue In Appeal Is Addition Of Rs.15,65,241/- U/S. 69C Of The Income Tax Act, 1961 [In Short ‘The Act’], On Account Of Bogus Purchases. 3. Shri Rahul Hakani Appearing On Behalf Of The Assessee Submitted That This The Second Round Of Litigation. In The First Round, The Tribunal In Assessee’S

For Appellant: Shri Rahul Hakani, AdvocateFor Respondent: Shri Dharamveer D. Yadav, Sr. DR
Section 133(6)Section 69C