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 Goverdhan Sharma, Kolkata vs. ITO, Ward - 45(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2172/KOL/2017[2007-08]Status: DisposedITAT Kolkata17 Jan 2018AY 2007-08

Bench: Hon’Ble Shri P.M. Jagtap] I.T.A. No. 2172/Kol/2017 Assessment Year : 2007-08 Shri Goverdhan Sharma.............................………………………………………………..Appellant 9, Peary Mohan Lane, Kolkata – 700 007 [Pan : Atbps 8082 J] Income Tax Officer...................………………………………………………..................Respondent Ward No. 45(2), Kolkata, 3, Govt. Place, Kolkata – 700 001 Appearances By: Shri Ashok Barnwal, Ca Appearing On Behalf Of The Assessee. Shri S.M. Das, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 10, 2018 Date Of Pronouncing The Order : January 17, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 13, Kolkata Dated 22.06.2017 & The Solitary Issue Involved Therein Relates To The Addition Of Rs. 4,04,667/- Made By The A.O. & Confirmed By The Ld. Cit(A) On Account Of Alleged Unexplained Purchases. 2. The Assessee In The Present Case Is An Individual Who Is Engaged In The Business Of Trading In Sarees. In The Assessment Originally Completed In His Case Under Section 143(3) Vide An Order Dated 18.12.2009, Disallowance Inter Alia Was Made By The A.O. On Account Of Job Work Charges Amounting To Rs. 2,71,673/-. The Records Of The Said Assessment Came To Be Examined By The Ld. Cit(A) & On Such Examination, He Found That There Were Following Two Errors In The Order Dated 18.12.2009 Passed By The A.O.:

Section 143(3)Section 263Section 40Section 69C

M/S. Zonal Mining & Loading Contractor, Keonjhar vs. ACIT, Circle-1(1), Sambalpur

In the result, appeal of the assessee is allowed for statistical purposes

ITA 166/CTK/2016[2010-11]Status: DisposedITAT Cuttack28 Dec 2017AY 2010-11

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपीऱ सं./Ita No.166/Ctk/2016 (नििाारण वषा / Assessment Year :2010-2011) M/S Zonal Mining & Loading Vs. Acit, Circle-1(1), Contractor, At-Jurudi, Po- Sambalpur Jajanga, Via-Joda, Dist- Keonjhar-758052 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaafz 1495 M (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. निर्ााररती की ओर से /Assessee By : Shri B.R.Panda, Ar राजस्व की ओर से /Revenue By : Shri D.K.Pradhan, Dr सुनवाई की तारीख / Date Of Hearing : 28/12/2017 घोषणा की तारीख/Date Of Pronouncement 28/12/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Assessee Has Filed An Appeal Against The Order Of Cit(A), Cuttack, Dated 23.02.2016 For The Assessment Year 2011-2012, Wherein The Assessee Has Raised The Following Grounds Of Appeal :- A. For That The Orders Of The Forums Below Are Unjust, Illegal, Improper, Capricious In The Facts Of The Case, Hence, The Entire Addition U/S.69 & 69C Of The It Act Should Be Quashed & Deleted. B. For That The Addition Of Rs.14,52,230/- By The Id. Ao & Confirmed The Same In The First Appeal Is Bad In Law Since The Closing Balance In The Current Account Of Bank Is Not An Investment To Attract The Provisions Of Section 69 Of The It Act. Therefore The Addition As Such Is Not Accepted. C. For That, The Id. Ao Had Accepted The Transactions Involved In The Current Account No. 0218-U62700-060 Relating To Business Income Of The Appellant Shown In The Return Of Income, Thus Additions Of Closing Balance Of Same As Unexplained Investment Is Illegal & Bad In Law Needs To Be Deleted In Toto. D. For That, Addition Of Rs.37,86,283/- As Unexplained Expenditure U/S.69C Of The It Act In Mechanical Manner Without Proper

For Appellant: Shri B.R.Panda, ARFor Respondent: Shri D.K.Pradhan, DR
Section 143(2)Section 143(3)Section 69Section 69C