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

Shilpkars Clothing Company, Mumbai vs. ACIT-22(2), Mumbai

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

ITA 1503/MUM/2023[2011-12]Status: DisposedITAT Mumbai26 Jul 2023AY 2011-12

Bench: Shri Aby T Varkey & Shri Amarjit Singhshilpkars Clothing Vs. Acit-22(2), Company, 702, Rna Kutir, Room No. 417, 4 Th Floor, 14Th Road, Chembur, Tower No. 6, Vashi Mumbai – 400071 Railway Station Building, Complex, Vashi Navi Mumbai - 400703 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Ablfs1537J Appellant .. Respondent [ Appellant By : Dharmesh Shah & Jigna Jain Respondent By : Suresh D. Gaikwad Date Of Hearing 13.07.2023 Date Of Pronouncement 26.07.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A)-49, Mumbai, Dated 21.03.2022 For A.Y. 2011- 12. The Assessee Has Raised The Following Grounds Before Us: (Grounds) “1. The Ld. Cit(A) Erred In Law & In Facts In Not Appreciating That The Reopening Of Assessment Was Bad In Law. 2. The Ld. Cit(A) Has Erred In Law & In Facts In Confirming The Addition Of Alleged Bogus Purchases By Working Of Peak Credit Amounting To Rs.1,17,10,542/- 3. The Ld. Cit(A) Has Erred In Law & In Facts In Not Granting Adequate Opportunity To The Appellant & Dismissing The Appeal. 4. The Appellant Craves Leaves To Add, Amend, Alter, Delete All Or Any Of The Forgoing Grounds Of Appeal.”

For Appellant: Dharmesh Shah &For Respondent: Suresh D. Gaikwad
Section 133ASection 143(1)Section 148Section 250Section 69C

Preeti Pankaj Agarwal, Mumbai vs. Income Tax Officer 21(2)(5), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1145/MUM/2023[2011-2012]Status: DisposedITAT Mumbai26 Jul 2023AY 2011-2012

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1145/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Preeti Pankaj Agarwal बिधम/ Ito-21(2)(5) 7A, Pankaj Mansion, 8, Dr. Piramal Chambers, Vs. Annie Besant Road, Worli, Mumbai-400012. Mumbai-400018. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Afxpa4228C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Hiten Vasant Revenue By: Shri Dharmvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 28/06/2023 घोषणा की तारीख /Date Of Pronouncement: 26/07/2023 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. Cit(A)/Nfac, Delhi Dated 17.02.2023 For Ay. 2011-12. 2. At The Outset, The Ld. Ar Assails, The Action Of Ld. Cit(A) Confirming The Action Of Ao Making Addition Of Rs. 1,55,500/- & Rs. 7,775/- On Purchase & Sale Of Shares Of M/S Sve Resources Ltd. 3. Brief Facts Are That The Assessee Is An Individual Had Filed Her Original Return Of Income On 28.09.2011 Declaring Total Income Of Rs. Nil For Ay. 2011-12. Later, The Case Of The Assessee Was Reopened By Issuance Of Notice U/S 148 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Dated 30.03.2018 On The Ground That The Assessee Had Transacted In The Penny-Stock Named M/S. Svc Resources Ltd. & Ao After Re-Opening The Assessment, Heard The Assessee & Not Satisfied With The Replies Of Assessee Made An Addition Of Rs.1,55,500/-

For Appellant: Shri Hiten VasantFor Respondent: Shri Dharmvir D Yadav (Sr. DR)
Section 148Section 68

Dy.Commissioner of Income Tax 19(3), Mumbai vs. Suraj Exports, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 1277/MUM/2023[2007-2008]Status: DisposedITAT Mumbai20 Jul 2023AY 2007-2008

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.1277/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2007-08) Dcit-19(3) बिधम/ Suraj Exports Matru Mandir, Room De-8011/12/13 Bharat Vs. No.206, Grant Road, Diamond Bourse Bandra Mumbai-400007. Kurla Complex Bandra (East), Mumbai-400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaafs3513J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri Ram Krishna Kedia (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 04/07/2023 घोषणा की तारीख /Date Of Pronouncement: 20/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax/Nfac, Delhi Dated 20.02.2023 For Assessment Year 2007-08. 2. The Main Grievance Of The Revenue Is Against The Action Of The Ld. Cit(A) Deleting The Entire Addition Made By Ao (Purchases To The Tune Of Rs.3,79,50,581/-) & Restricting It To 8% N.P Of Such Purchases. 3. Brief Facts Are That The Assessee Had Filed Its Return Of Income On 11.10.2007 Declaring Total Income At Rs.53,24,567/-. Later, The Case Of The Assessee Was Reopened On The Basis Of Information Received From The Dgit(Inv.), Mumbai That During The Search & Survey Action Conducted In This Case Of Shri Bhanwarlal Jain & Family On 03.10.2013, The Investigation Wing Came To Know That Shri Bhanwarlal Jain Controlled Many Companies/Firm/ Proprietory

For Appellant: NoneFor Respondent: Shri Ram Krishna Kedia (Sr. AR)
Section 143(3)