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

Rrc International Freight Services Limited, Mumbai vs. Assistant Commissioner of Income Tax Circle 1(3)(1), Mumbai

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

ITA 4758/MUM/2017[2010-11]Status: DisposedITAT Mumbai31 May 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.4758/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2010-11) M/S. Rrc International बिधम/ Acit Circle-1(3)(1) Freight Services Ltd. 5Th Floor, Aayakar Vs. Great Social Building, 2Nd Bhavan, M. K. Road, Floor, 60, Sir P.M. Road Mumbai-400020. Fort, Mumbai-400001. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaccr3533J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri M. P. Ahuja (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 23/05/2022 घोषणा की तारीख /Date Of Pronouncement: 31/05/2022 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)-03, Mumbai Dated 19.04.2017 For The Assessment Year 2010-11. 2. None- Appeared For The Assessee Despite Notices Being Served Upon It & The Mater Being Listed Nineteens (19) Times Before & The Matter Is Pending From 2017 Onwards & No Adjournment Application Has Been Brought To Our Notice, So We Are Inclined To Decide The Appeal Ex-Parte Qua Assessee. 3. The First Ground Of Appeal Of The Assessee Is Against The Action Of The Ld. Cit(A) In Upholding The Reopening Of The Assessment U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Holding It As Valid In Law Thereby Dismissing The Legal Issue Raised By Assessee Challenging Its Validity.

For Appellant: NoneFor Respondent: Shri M. P. Ahuja (Sr. AR)
Section 115JSection 133(6)Section 143(3)Section 147Section 148

DCIT-CC 3(2), Mumbai vs. Chintamani Textiles Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby

ITA 1879/MUM/2019[2012-13]Status: DisposedITAT Mumbai27 May 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. Nos. 1878 & 1879/Mum/2019 (निर्धारण वर्ा / Assessment Years:2011-12 & 2012-13) Dcit-Cc 3(2) बिधम/ Chintamani Textiles Pvt. Ltd. Room No.1913, Air India Mezanine Office No.2, Sujata Vs. Building, Nariman Point, Chambers, Narshi Natha Mumbai-400021. Street, Mumbai-400064. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccc744Od (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri H. N. Singh (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 10/05/2022 घोषणा की तारीख /Date Of Pronouncement: 27/05/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Against The Order Of The Ld. Cit(A)-51, Mumbai Dated 29.01.2019 For A.Y. 2011-12 & For A.Y.2012-13. 2. None Appeared For The Assessee Despite Notices. The Ld. Cit Dr Has Brought To Our Notice Reports Submitted By Ao On The Lis, Which According To Us Will Be Sufficient To Dispose Of Both The Appeals Of Revenue. 3. For A.Y.2011-12, The Revenue Is Aggrieved By The Action Of The Ld. Cit(A) Deleting The Protective Addition Of Rs.3,35,00,000/- On The Issue Of Unaccounted Investment & Rs.9,30,500/- On The Issue Of Unaccounted Commission U/S 69C Of The Act & For A.Y.2012-13, The Revenue Is Aggrieved By The Action Of The Ld. Cit(A) Deleting The Protective Addition Of Rs.6,88,00,000/- On The Issue Of Unaccounted

For Appellant: NoneFor Respondent: Shri H. N. Singh (DR)
Section 132Section 132(4)Section 143(1)Section 143(3)Section 153ASection 68Section 69C

DCIT-CC 3(2), Mumbai vs. Chintamani Textiles Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby

ITA 1878/MUM/2019[2011-12]Status: DisposedITAT Mumbai27 May 2022AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. Nos. 1878 & 1879/Mum/2019 (निर्धारण वर्ा / Assessment Years:2011-12 & 2012-13) Dcit-Cc 3(2) बिधम/ Chintamani Textiles Pvt. Ltd. Room No.1913, Air India Mezanine Office No.2, Sujata Vs. Building, Nariman Point, Chambers, Narshi Natha Mumbai-400021. Street, Mumbai-400064. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccc744Od (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri H. N. Singh (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 10/05/2022 घोषणा की तारीख /Date Of Pronouncement: 27/05/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Against The Order Of The Ld. Cit(A)-51, Mumbai Dated 29.01.2019 For A.Y. 2011-12 & For A.Y.2012-13. 2. None Appeared For The Assessee Despite Notices. The Ld. Cit Dr Has Brought To Our Notice Reports Submitted By Ao On The Lis, Which According To Us Will Be Sufficient To Dispose Of Both The Appeals Of Revenue. 3. For A.Y.2011-12, The Revenue Is Aggrieved By The Action Of The Ld. Cit(A) Deleting The Protective Addition Of Rs.3,35,00,000/- On The Issue Of Unaccounted Investment & Rs.9,30,500/- On The Issue Of Unaccounted Commission U/S 69C Of The Act & For A.Y.2012-13, The Revenue Is Aggrieved By The Action Of The Ld. Cit(A) Deleting The Protective Addition Of Rs.6,88,00,000/- On The Issue Of Unaccounted

For Appellant: NoneFor Respondent: Shri H. N. Singh (DR)
Section 132Section 132(4)Section 143(1)Section 143(3)Section 153ASection 68Section 69C