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

Zee Bangles, Mumbai vs. ITO 18(3)(5), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be partly allowed

ITA 494/MUM/2017[2009-10]Status: DisposedITAT Mumbai24 Sept 2018AY 2009-10

Bench: Shri B. R. Baskaran, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.494/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2009-10) Zee Bangles बिधम/ Ito Ward 18(3)(5) 3Rd Floor Earnest House 148, L.K. Mkt, Zaveri Vs. Nariman Point Mumbai- Bazar, Mumbai-400002. 400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaafz3532C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri V.Vidhyadhar (Sr.Dr) Assessee By: Shri Vimal Punmiya सुनवाई की तारीख / Date Of Hearing: 27.06.2018 घोषणा की तारीख /Date Of Pronouncement: 24.09.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 02.08.2016 Passed By The Commissioner Of Income Tax (Appeals)-29 Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The Ay. 2009- 10. 2. The Assessee Has Raised The Following Grounds: - “1. In The Facts & Circumstances & In Law, The Impugned Assessment Order Is Patently Illegal Passed In Violation Of Provisions Of Section 143(2), Non-Compliance Of Mandate Given By Hon. Sc [259 Itr 10 Pg. & Non-Compliance Of Principle Of Natural Justice & Thus Liable To Be Quashed.

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri V.Vidhyadhar (Sr.DR)
Section 133(6)Section 143(1)Section 143(2)Section 234CSection 27lSection 69C

DCIT, Cir-10(2), Kolkata vs. M/S Vineetaz Exports Pvt. Ltd., Howrah

In the result, appeal of the revenue is dismissed

ITA 978/KOL/2016[2011-2012]Status: DisposedITAT Kolkata07 Sept 2018AY 2011-2012

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi) Assessment Year: 2011-12 Deputy Commissioner Of Income Tax, Circle-10(2), Kolkata…………………………….……..Appellant Vs. M/S. Vineetaz Exports Pvt. Ltd……………………………………........……….......……….…..………...Respondent 24/25, Moulana Abul Kalam Azad Road 41/A, Ajc Bose Road 2Nd Floor Room No. 206 Howrah – 711 101 [Pan : Aaacv 8640 E] Appearances By: Shri Subash Agarwal, A/R, Appeared On Behalf Of The Assessee. Shri S. Dasgupta, Addl. Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : July 16Th, 2018 Date Of Pronouncing The Order : September 7Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Is An Appeal Filed By The Revenue Directed Against The Order Of The Commissioner Of Income Tax (Appeals) - 4 Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 22/02/2016, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2011-12. 2. The Assessee Is A Company & Is In The Business Of Manufacturing & Trading Of Textiles & Machinery Products. It Filed Its Return Of Income On 30/09/2011, Declaring Total Income At Rs.1,77,45,540/-, For The Assessment Year 2011-12. The Assessing Officer Passed An Order U/S 143(3) On 10/03/2014, Determining The Total Income At Rs.6,30,05,406/-, Interalia Disallowing The Claim Of Expenditure Of Commission Paid To Foreign Agents For Exports, Ad-Hoc Disallowance Of 20% Of The Salary Paid To Employees U/S 40A(2), Disallowance Entertainment Expenditure & Expenditure Incurred On Foreign Tours, Disallowance U/S 40(A)(Ia) Of The Act Etc. Aggrieved, The Assessee Carried The Matter In Appeal. The Ld. First Appellate Authority Granted Part Relief.

Section 143(3)Section 14ASection 250Section 40Section 40A(2)

DCIT, Circle-1(1), Kolkata vs. M/S Mcnally Bharat Engineering Company Limited, Kolkata

Appeal is dismissed

ITA 1968/KOL/2016[2005-06]Status: DisposedITAT Kolkata31 Aug 2018AY 2005-06

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2005-06 Dcit, Circle-1(1), V/S. M/S Mcnally Bharat P-7, Chowringhee Engineering Co. Ltd., 4, Square, R. No.20, 7Th Mangoe Lane, 7Th Floor, Floor, Kolkata-69 Kolkata-001 [Pan No.Abcm 9443 R] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri P. Mukherjee Addl Cit-Dr अपीलाथ" क" ओर से/By Appellant Mrs. Trishna Sharma & ""यथ" क" ओर से/By Respondent Mr. P.K. Rai, Aca 14-08-2018 सुनवाई क" तार"ख/Date Of Hearing 31-08-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2005-06 Arises Against The Commissioner Of Income Tax (Appeals)-1,Kolkata’S Order Dated 29.07.2016, Passed In Case No.549/Cit(A)-1/Ward-1(2)/2008-09, Reversing The Assessing Officer’S Action Disallowing / Adding Assessee’S Claim Of Pf / Esi On Account Of Delayed Payment, Discrepancy In Various Transactions Leading To Section 69C Addition Of Unexplained Investment Pertaining To Sub-Contractor Payments, Expenditure Of Payment To Sub-Contractors Involving Corresponding Figure Of ₹20,06,017, 16,52,726/- & 46,04,963/-; Respectively, In Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. We Come To First Issue Of Correctness Of Section 36(1)(Va) R.W. 2(24)X_ Disallowance / Addition Of Assessee’S Employees’ Contribution Towards Pf /

Section 133(6)Section 143(3)Section 36(1)(va)Section 69C