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

S.A.Enterprises, Mumbai vs. Pr. CIT - 32, Mumbai

In the result, the appeal of the assessee is hereby ordered to be allowed

ITA 2419/MUM/2019[2009-10]Status: DisposedITAT Mumbai13 Sept 2019AY 2009-10

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.2419/Mum/2019 (ननधधारण वर्ा / Assessment Years: 2009-10) बनधम/ M/S. S. A. Enterprises Pr. Cit-32 Mumbai Bunglow No.70/74, Vs. Sheyas Goral Link Road, Near Gorai Bridge Bus Stop, Borivali (W), Mumbai-400092. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Abafs8654B (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Rajiv Khandelwal Revenue By: Shri Laxmi Vara Prasad Gude (Dr) सुनवाई की तारीख / Date Of Hearing: 16/07/2019 घोषणा की तारीख /Date Of Pronouncement: 13/09/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 27.03.2019 Passed By The Principal Commissioner Of Income Tax-32, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2009-10 In Which The Principal Commissioner Of Income Tax-32 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “The Ground Or Grounds Of Appeal Are Without Prejudice To One Another. 1. On The Facts & In The Circumstances Of The Case & In Law, The Id. Pr. Cit-32, Mumbai Erred In Holding That The Assessment Order Dated 22-12- 2016 Passed U/S.143(3) R.W.S. 147 By The Asst. Cit, 32(3), Mumbai Is Erroneous In So Far As It Is Prejudicial To The Interest Of The Revenue By Invoking The Provisions Of Section 263 Because In His Opinion, The Additions Of Rs.1,05,16,040/- & Rs.3,15,482/- Are Made U/S.68 & 69C Respectively Ought To Have Not Been Set Off Against The Loss Incurred During The Year & Thereby Further Erred In Setting Aside The Assessment Order & Directing The Ao To Complete The Assessment Accordingly

For Appellant: Shri Rajiv KhandelwalFor Respondent: Shri Laxmi Vara Prasad Gude
Section 143(3)Section 263Section 68