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

A.C.I.T., Circle-47, Kolkata vs. Sanjay Jaiswal, Howrah

In the result, appeal of the revenue is dismissed

ITA 2221/KOL/2019[2016-17]Status: DisposedITAT Kolkata23 Nov 2022AY 2016-17

Bench: Shri Sanjay Garg, Hon’Ble & Shri Manish Borad, Hon’Blei.T.A. No. 2221/Kol/2019 Assessment Year: 2016-17 Asstt. Commissioner Of Income Tax, Sanjay Jaiswal Circle-47, Kolkata 43-44/1, Bhairab Dutta Lane Vs Kolkata - 711106 [Pan : Actpj7533N] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri P.S. Bhadra, Advocate Revenue By : Shri Vijay Kumar, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 27/09/2022 घोषणा क" तारीख/Date Of Pronouncement : 23/11/2022 आदेश/O R D E R Per Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 14, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 05/07/2019, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2016-17 On The Following Grounds:- “1. On The Facts & Circumstances Of The Case & In Law The Cit(A) Has Erred In Accepting New Evidences, Including Copy Of Conveyance Deed, Statement Of Loan From Icici Bank & Rom M/S. Hotel Shivam, Copy Of Bank Statement, Loan Sanction Letter, Confirmation Of Accounts Etc. In Violation Of Rule 46A Of I.T Rules, 1962, Without Even Any Remand To The A.O. For Verification Of New Evidences. 2. On The Facts & Circumstances Of The Case & In Law The Cit(A) Has Erred In Deleting The Addition Of Rs.2,95,40,000/- Made U/S.68 By The A.O Holding That It Was Investment In Property To Be U/S.69, Overlooking The Fact That The A.O Has Added Unexplained Sources Of Credits In The Books In The Form Of Unconfirmed Loans & Unsecured Advances For Which No Evidences Were Filed Before The A.O. 3. That, The Ld.Cit(A) Grossly Erred In Deleting Addition Made U/S.69C Rs.16,08,767/- Being Unexplained Registration Cost On The Basis Of Details Furnished By The Assessee & Without Observing The

For Appellant: Shri P.S. Bhadra, AdvocateFor Respondent: Shri Vijay Kumar, Addl. CIT
Section 143(2)Section 250Section 68Section 69Section 69C

Shiv Biri Manufacturing Co. Pvt. Ltd., Murshidabad vs. ACIT, Cir.-42, Murshidabad

In the result, appeal of the assessee is partly allowed

ITA 2340/KOL/2019[2014-15]Status: DisposedITAT Kolkata21 Nov 2022AY 2014-15

Bench: Shri Sanjay Garg, Hon’Ble & Shri Manish Borad, Hon’Blei.T.A. No. 2340/Kol/2019 Assessment Year: 2014-15 Shiv Biri Manufacturing Co. Pvt. Ltd. Asstt. Commissioner Of Income Collegepara, Aurangabad Tax, Circle-42, Murshidabad Vs Murshidabad - 742201 [Pan : Aagcs2376E] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.K. Tulsiyan, Advocate & Mita Rizvi Revenue By : Smt. Ranu Biswas, Addl. Cit D/R सुनवाई क" तारीख/Date Of Hearing : 19/09/2022 घोषणा क" तारीख/Date Of Pronouncement : 21/11/2022 आदेश/O R D E R Per Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-12, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 24/07/2019, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. That On The Facts & In The Circumstances Of The Case, The Ld.Cit(A) Erred In Passing The Order Appealed Against Sustaining & Confirming The Additions Made In The Assessment Order On Account Of 'Undisclosed Cash & Stock Amounted To Rs. 1,00,35,509/- Without Considering The Facts Of The Case In Proper Perspective. 2. That On The Facts & In The Circumstances Of The Case, The Ld.Cit(A) Erred In Sustaining The Addition Of Rs.4,00,000/- On Account Of Payment Of Interest On Demand Vat 3. That On The Facts & In The Circumstances Of The Case, The Ld.Cit(A) Erred In Sustaining The Additions Of Rs.1,00,35,509/- Under The Head 'Undisclosed Cash & Stock' Land Rs.4,00,000/- Interest On Demand Vat Respectively. 4. That The Appellant Craves Leave To Urge Such Other Ground Or Grounds Before Or At The Time Of Hearing Of Appeal.”

For Appellant: Shri S.K. Tulsiyan, Advocate & Mita RizviFor Respondent: Smt. Ranu Biswas, Addl. CIT D/R
Section 143(2)Section 250

Mbm Tubes P.Ltd, Mumbai vs. ITO 5(2)(3), Mumbai

In the result, the appeal filed by the assessee is partly allowed

ITA 5938/MUM/2014[2010-11]Status: DisposedITAT Mumbai15 Nov 2022AY 2010-11

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadalem/S Mbm Tubes Pvt Ltd Vs. Ito – 5(2)(3) Mohanlal Jain & Co, Ca Mumbai. Office No. 10, Chartered House, Ground Floor, Dr Ch Street, Marine Lines Mumbai – 2. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aafcm4177L Appellant .. Respondent Appellant By : None Respondent By : Shri Chetan M. Kacha.Dr Date Of Hearing 09.11.2022 Date Of Pronouncement 21.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Passed By The Commissioner Of Income Tax (Appeals)Cit(A)-9, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Fallowing Grounds Of Appeal: M/S. Mbm Tubes Pvt Ltd, Mumbai. 1. On The Facts & In The Circumstances Of The Case & In Law The Honble Cit(A) Erred In Treating The Genuine Purchases As Bogus By Taking Peak Credit Of Purchase Parties Listed On Mvat Site As Un Explained Purchases Of Rs.55,80,857/- As Unexplained U/Sec69C Of The It Act & The Reasons Assigned For Doing Are Wrong & Contrary To The Provision Of Income Tax & Rules Made There Under. 2. Your Appellant Crave,Leave To Add,Alter,Amend,Or Modify Any Or All Grounds Of Appeal On Or Before The Date Of Hearing.

For Appellant: NoneFor Respondent: Shri Chetan M. Kacha.DR
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 68