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

Dy. CIT Central Circle-1(4), Kolkata vs. Femina Stock Management Company Ltd, Kolkata

ITA 850/KOL/2023[2011-12]Status: DisposedITAT Kolkata14 Dec 2023AY 2011-12

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 850/Kol/2023 Assessment Year: 2011-12 Dy. Cit Central Circle – 1(4), Kolkata Femina Stock Management Company Vs Ltd. 5Th Floor, Room No. 2 P23/24, Radha Bazar Street Tea Board Kolkata - 700001 [Pan: Aaacf3689H] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, Fca Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 10/10/2023 घोषणा क" तारीख /Date Of Pronouncement: 14/12/2023 आदेश/O R D E R Per Dr. Manish Borad: The Above Captioned Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals), Kolkata – 21, (Hereinafter The “Ld. Cit(A)”) Dt. 12/05/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2011-12. 2. The Registry Has Pointed Out That There Is A Delay Of 36 Days In Filing The Present Appeal By The Revenue. Petition For Condonation Of Delay Is Placed On Record Explaining The Reasons. On Perusing The Same, We Are Convinced That The Revenue Was Prevented By Sufficient Cause From Filing This Appeal In Time. Accordingly, We Condone The Delay & Proceed To Admit The Appeal For Hearing. 3. The Revenue Has Raised The Following Grounds Of Appeal:-

For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 133(6)Section 147Section 148Section 250Section 68

A.S.Motiwala Jewellers Private Limited, Mumbai vs. ITO 12(2)(1), Mumbai

In the result, both the appeals are, accordingly, disposed of

ITA 2773/MUM/2023[2013-14]Status: DisposedITAT Mumbai12 Dec 2023AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.2773/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) As Motiwala Jewellers Pvt. बिधम/ Ito-12(2)(1) Ltd. Aayakar Bhavan, Vs. (Formerly Known As Ghazi Mumbai-400020. Gems & Jewellers Pvt. Ltd) 40 Rebello Road Bandra West, Mumbai-400050. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaecg8165B (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nishit Gandhi/Ms Madhuri Tambe Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 04/12/2023 घोषणा की तारीख /Date Of Pronouncement: 12/12/2023 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 14.06.2023 For The Assessment Year 2013-14. 2. At The Outset, The Ld. Ar Of The Assessee, Assails The Action Of The Ld. Cit(A) Sustaining The Addition On Merits, To The Tune Of Rs.59,53,440/- U/S 69C Of The Income Tax Act, 1961 (Hereinafter “The Act”). In Other Words, Assessee Assails The Action Of Ld Cit(A) Upholding The Action Of Ao, Wherein He Disallowed The Entire Purchases Of Diamonds Made From M/S. Mohit Enterprises (Alleged Concern Of Shri Bhanwarlal Jain Group).

For Appellant: Shri Nishit Gandhi/Ms MadhuriFor Respondent: Shri Ashok Kumar Ambastha (Sr
Section 147Section 148Section 69C

Kishansing Pahadsingh Parmar (HUF), Malad (West) vs. The Income Tax Officer-30 (2) (1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2440/MUM/2023[2011-12]Status: DisposedITAT Mumbai12 Dec 2023AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.2440/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Kishansing Pahadsingh बिधम/ Ito-30(2)(1) Parmar (Huf) C-13 Pratyakshakar Vs. Flat No.801, Shreenath Bhavan, Bandra Kurla Apartment A-Wing, J.P. Complex, Bandra East, Cross Lane, Himanshurai Mumbai-400051. Road, Malad (West), Mumbai-400064. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadhk9023N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Rajendra Kumar Jain/Shri Kunal Lunawat Revenue By: Shri S. N. Kabra (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 30/11/2023 घोषणा की तारीख /Date Of Pronouncement: 12/12/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Trust Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 28.04.2023 For The Assessment Year 2011-12. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of The Ao Making An Addition Of Rs.29,77,009/- & Rs.89,310/- U/S 69C Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri Rajendra Kumar Jain/ShriFor Respondent: Shri S. N. Kabra (Sr. AR)
Section 10(38)Section 69C