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

Mr. Anil Agrawal (HUF), Mumbai vs. DCIT, Central Circle 3(4), Mumbai

The appeals stand partly allowed

ITA 5513/MUM/2019[2011-12]Status: DisposedITAT Mumbai05 Apr 2021AY 2011-12

Bench: Hon’Ble Shri Amarjit Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. Nos.5512-5516/Mum/2019 (धििाारण वर्ा / Assessment Years: 2010-11 To 2014-15) Mr. Anil Agrawal (Huf) Dcit-Central Circle-3(4) Room No.1915, 19Th Floor बिाम/ 2401-2402, Anmol Pride Off. Patel Auto, S.V. Road, Air India Building, Nariman Point Vs. Goregaon (W), Mumbai-400 062. Mumbai-400 021. स्थायीलेखासं./जीआइआरसं./Pan/Gir No. Aacha-9591-E (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Revenue By : Shri Rajeev Harit-Ld. Cit-Dr Assessee By : Shri Rajiv Khandelwal & Shri Aakash Kumar-Ld. Ars सुनवाई की तारीख/ : 12/01/2021 Date Of Hearing घोषणा की तारीख / : 05/04/2021 Date Of Pronouncement आदेश / O R D E R Per Bench 1.1 Aforesaid Appeals By Assessee For Assessment Years (Ay) 2010-11 To 2014-15 Contest Separate Orders Of Learned First Appellate Authority. However, Facts & Issues Are More Or Less Similar. Therefore, The Appeals Were Heard Together & Are Now Being Disposed-Off By Way Of This Common Order For The Sake Of Convenience & Brevity. It Is Admitted Position That Adjudication In Any Year Would Substantially Apply To All The Other Years Also.

For Appellant: Shri Rajiv Khandelwal &For Respondent: Shri Rajeev Harit-Ld. CIT-DR
Section 153ASection 153DSection 68

Mr. Anil Agrawal (HUF), Mumbai vs. DCIT, Central Circle 3(4), Mumbai

The appeals stand partly allowed

ITA 5512/MUM/2019[2010-11]Status: DisposedITAT Mumbai05 Apr 2021AY 2010-11

Bench: Hon’Ble Shri Amarjit Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. Nos.5512-5516/Mum/2019 (धििाारण वर्ा / Assessment Years: 2010-11 To 2014-15) Mr. Anil Agrawal (Huf) Dcit-Central Circle-3(4) Room No.1915, 19Th Floor बिाम/ 2401-2402, Anmol Pride Off. Patel Auto, S.V. Road, Air India Building, Nariman Point Vs. Goregaon (W), Mumbai-400 062. Mumbai-400 021. स्थायीलेखासं./जीआइआरसं./Pan/Gir No. Aacha-9591-E (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Revenue By : Shri Rajeev Harit-Ld. Cit-Dr Assessee By : Shri Rajiv Khandelwal & Shri Aakash Kumar-Ld. Ars सुनवाई की तारीख/ : 12/01/2021 Date Of Hearing घोषणा की तारीख / : 05/04/2021 Date Of Pronouncement आदेश / O R D E R Per Bench 1.1 Aforesaid Appeals By Assessee For Assessment Years (Ay) 2010-11 To 2014-15 Contest Separate Orders Of Learned First Appellate Authority. However, Facts & Issues Are More Or Less Similar. Therefore, The Appeals Were Heard Together & Are Now Being Disposed-Off By Way Of This Common Order For The Sake Of Convenience & Brevity. It Is Admitted Position That Adjudication In Any Year Would Substantially Apply To All The Other Years Also.

For Appellant: Shri Rajiv Khandelwal &For Respondent: Shri Rajeev Harit-Ld. CIT-DR
Section 153ASection 153DSection 68

M/S Super Industries, New Delhi vs. ITO, New Delhi

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

ITA 2472/DEL/2016[2006-07]Status: DisposedITAT Delhi26 Mar 2021AY 2006-07

Bench: Shri R.K. Pandaassessment Year: 2006-07 Super Industries, Vs Ito, Prop. S. Jagjit Singh, Ward-33(3), L/H Shri Joginder Singh, New Delhi. N.7, Gali No.9, Anand Parbat Industrial Area, New Delhi. Pan: Aasps8033M (Appellant) (Respondent) Assessee By : Shri Ramesh Goyal, Ca Revenue By : Ms Ranu Mukherjee, Sr. Dr Date Of Hearing : 17.03.2021 Date Of Pronouncement : 26.03.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15Th September, 2015 Of The Cit(A)-17, New Delhi, Relating To Assessment Year 2006- 07. 2. This Appeal Was Earlier Dismissed By The Tribunal For Non-Appearance. Subsequently, The Tribunal, Vide Ma No.118/Del/2017, Order Dated 16Th February, 2018, Recalled Its Earlier Order. Hence, This Is A Recalled Matter. 3. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & The Proprietor Of M/S Super Industries. It Filed Its Return Of Income On 27Th October, 2006 Declaring The Total Income At Rs.1,89,640/-. Subsequently, The Case Of The Assessee Was Reopened On The Basis Of Information Obtained That The Assessee Indulged In Bogus Purchases/Accommodation Entries Provided By Shri Rakesh Gupta, Shri Vishesh Gupta, Shri Navneet & Shri Vaibhav Jain. Accordingly, The Case Of The Assessee Was Reopened After Recording Reasons As Per The Provisions Of Section 147 Of The Act. Notice U/S 148 Dated 28Th March, 2013 Was Issued & Served Upon The Assessee. The Ao, Thereafter, Issued Statutory Notices. Rejecting The Various Explanations Given By The Assessee & Observing That The Assessee Has Made Bogus Purchase Of Rs.13,03,692/- From Shree Bankey Bihari Trading Co. & Shree Shyam Trading Co., Which Are Owned By The Persons Named Earlier, Made Addition Of Rs.13,03,692/- U/S 69C Of The It Act.

For Appellant: Shri Ramesh Goyal, CAFor Respondent: Ms Ranu Mukherjee, Sr. DR
Section 147Section 148Section 69C