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

Ram Niwas Chouhan, Jodhpur vs. ITO, Ward-3(1), Jodhpur

In the result, appeal stands allowed

ITA 182/JODH/2024[2015-16]Status: DisposedITAT Jodhpur07 Aug 2026AY 2015-16

Bench: Shri Saktijit Dey, Hon’Ble & Shri Makarand Vasant Mahadeokar, Hon’Bleram Niwas Chouhan Income Tax Officer C/O Rajendra Jain Advocate, Ward – 3(1) 106, Akshay Deep Complex, 5Th B Road, Sardarpura, Jodhpur – 342001 Pan No. Aarpc 9398 J Assessee By Shri Rajendra Jain, Advocate & Smt. Raksha Birla, Ca (Physical) Revenue By Ms. Nidhi Nair, Addl. Cit-Dr (Physical) Date Of Hearing 03 / 08 / 2026. Date Of Pronouncement 07 / 08 / 2026. Order Per: Shri Saktijit Dey, V.P.: This Is An Appeal By The Assessee Against Order Dated 02.02.2024 Of National Faceless Appeal Centre, Nfac, Delhi For The Assessment Year 2015-16. 2. The Dispute In The Present Appeal Is Confined To Addition Of An Amount Of Rs. 28,52,412/- U/S 68 Of The Income Tax Act, 1961. 3. Briefly The Facts Are, The Assessee Is A Resident Individual As Stated By The Assessing Officer, The Assessee Was Carrying On Business Of Transportation Of 2 Asst. Year: 2015-16 Goods Through His Proprietary Concern ‘Shri Ram Roadline’ & Was Also A Partner In ‘Durga Lime Industries’ Engaged In Manufacturing & Trading Of Quick Lime & Hydrated Lime. Be That As It May, For The Assessment Year Under Dispute, Assessee Had Filed His Return Of Income On 06.11.2015 Declaring Income Of Rs. 2,50,480/-. The Return Of Income So Filed By The Assessee Was Selected For Scrutiny.

Section 10(38)Section 68Section 69C

Kuppusamy Rajkumar, Chennai vs. ITO, Ncw-6(1), Chennai

In the result, the appeal of the assessee is allowed for statistical purposes only in the light of directions and observations (supra)

ITA 3244/CHNY/2026[2019-20]Status: DisposedITAT Chennai07 Aug 2026AY 2019-20

Bench: Honourable Shri Gagan Goyal & Shri Manu Kumar Giriआयकर अपील सं./Ita No.3244/Chny/2026 ननिाारण वर्ा /Assessment Years: 2019-20 Kuppusamy Rajkumar, V. Income Tax Officer, No.96/106, Sivan Nagar, 4Th Street, Non-Corp Ward-6(1), New Washermanpet, Chennai-600 081. Chennai. [Pan: Bzupr0257G] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr. Y. Sridhar, F.C.A., Ld. Ar, प्रत्यर्थी की ओर से /Revenue By : Ms. Sita Krishnamoorthy, Jcit, Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 23.07.2026 घोषणाकीतारीख /Date Of Pronouncement : 07.08.2026 आदेश / O R D E R Per Gagan Goyal, Am: This Is An Appeal Preferred By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (A) / Nfac, (Hereinafter Referred As The ‘Ld. Cit(A)’), Delhi, Dated 05.03.2026, For The Assessment Year (Hereinafter Referred As The ‘Ay’) 2019-20. Grouds Of Appeal

For Appellant: Mr. Y. Sridhar, F.C.A., Ld. ARFor Respondent: Ms. Sita Krishnamoorthy, JCIT
Section 139Section 143(2)Section 144Section 147Section 148Section 44ASection 69C