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

Shri Ganpat Pukhraj Jain, Mumbai vs. Income Tax Officer 19(1)(3), Mumbai

The appeal of the assessee is allowed in terms of our aforesaid observations

ITA 4482/MUM/2018[2014-15]Status: DisposedITAT Mumbai29 Oct 2021AY 2014-15

Bench: Shri S. Rifaur Rahman () & Shri Ravish Sood () Shri Ganpat Pukhraj Jain, Shop Income Tax Officer-19(1)(3) No. 2, Sanghvi Galaxy, 10Th Vs. Room No.220, 2Nd Floor, Khethwadi Lane, Khethwadi, Matru Mandir, Tardeo, Mumbai – 400 020 Mumbai – 400 007. Pan No. Aakpj0600R (Assessee) (Revenue) Assessee By : Shri Neelkanth Khandelwal, A.R Revenue By : Shri Sanjay J. Sethi, D.R Date Of Hearing : 10/08/2021 Date Of Pronouncement : 29/10/2021 Order Per Ravish Sood, J.M: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Cit(A)-51, Mumbai Dated 16.05.2018, Which In Turn Arises From The Order Passed By The A.O Under Sec. 143(3) Of The Income Tax Act, 1961 (For Short „Act‟), Dated Nil. 2. Briefly Stated, The Assessee Who Is A Trader In Ferrous & Non-Ferrous Metals Had E-Filed His Return Of Income For A.Y 2014-15 On 16.09.2014, Declaring A Total Income Of Rs.5,91,300/-. Subsequently, The Case Of The Assessee Was Selected For Scrutiny Assessment Under Sec. 143(2) Of The Act. 3. Controversy Involved In The Present Appeal Hinges Around The Declining Of The Assessee‟S Claim For Exemption U/S 10(38) Of The Act Of The Long Term Capital Gain (Ltcg) Of Rs. 23,23,344/- On Sale Of Shares Of M/S Sunrise Asian Ltd. [Earlier Named As M/S Santoshima Lease Finance & Investments (India) Ltd.]. Shorn Of Unnecessary Details, The Assessee Had In Its Return Of Income Claimed To Have Sold 5000 Shares Of M/S Sunrise Asian Ltd. (Supra) For A Consideration Of Rs. 24,48,344/- After Holding The Same For A Period Of 2¼ Years (Approx). Long Term Capital Gain (Ltcg) Of Rs. 23,23,343/- On The Aforesaid Sale Transaction Was Claimed By The Assessee As Exempt U/S 10(38) Of The Act. After Deliberating At Length On The Facts Of Shri. Ganpat Pukhraj Jain Vs. Ito -19(1)(1), Mumbai

For Appellant: Shri Neelkanth Khandelwal, A.RFor Respondent: Shri Sanjay J. Sethi, D.R
Section 10(38)Section 143(2)Section 143(3)Section 68Section 69C

ITO 32(1)(1), Mumbai vs. M/S Abhay Automotive Company, Mumbai

In the result, the appeals filed by the revenue is hereby dismissed

ITA 780/MUM/2020[2009-10]Status: DisposedITAT Mumbai27 Oct 2021AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm (Hearing Through Video Conferencing Mode) आयकर अपील सं/ I.T.A. No. 780/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2009-10) Ito-32(1)(1) बिधम/ M/S. Abhay Automotive Room No.703, 7Th Floor, Company Vs. Kautilya Bhavan, Bandra B/402, Sumer Nagar Building Kurla Complex, Bandra (E), No.3, Sv Road, Borivali East, Mumbai-400051. Mumbai-400092. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aajfa3745K (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Brajendra Kumar (Dr) Assessee By: Shri Kartik Katmutia (Ar) सुनवाई की तारीख / Date Of Hearing: 11/08/2021 घोषणा की तारीख /Date Of Pronouncement: 27/10/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 29.11.2019 Passed By The Commissioner Of Income Tax (Appeals)-44, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2009-10 In Which The Penalty Levied By Ao Has Been Ordered To Be Deleted. 2. The Revenue Has Raised The Following Grounds: - “1. Grounds Of Appeal, On The & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Deleting The Penalty Levied By The Ao U/S 271(1)(C) Of The Income Tax Act 1961, Of Rs. 1,81,613/- Without Appreciating The Facts That The Assessing Officer Has

For Appellant: Shri Kartik Katmutia (AR)For Respondent: Shri Brajendra Kumar (DR)
Section 143(1)Section 143(3)Section 148Section 271Section 271(1)(c)Section 69C