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

M/S Stainless International (P) Ltd., Kolkata vs. Ld. I.T.O. Ward 5(1), Kolkata

In the result, the appeal filed by the assessee, is allowed for statistical purposes

ITA 2085/KOL/2016[2010-11]Status: DisposedITAT Kolkata21 Apr 2017AY 2010-11

Bench: Shri S.S.Viswanethra Ravi, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.2085/Kol/2016 ("नधा"रण वष" / Assessment Year :2010-2011) M/S Stainless International Vs. I.T.O. Ward 5(1) Kolkata, (P) Ltd. 5A, N.C. Dutta P-7, Chowringhee Square, Sarani, Ground Floor, Kolkata-700001 Kolkata-700001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aamcs5299N .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Anitabh Bhattacharya, Addl.Cit-Dr "नधा"रती क" ओर से /Assessee By : Gaurav Mathur, Adv. सुनवाई क" तार"ख / Date Of Hearing : 19/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 21/04/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am The Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year 2010-2011, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-2, Kolkata, In Appeal No.170/Cit(A)-2/15-16, Dated 18.08.2016, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.147/143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 29.03.2015. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Is A Private Limited Company & Has Submitted Its Return Of Income On 30.09.2010 Disclosing Total Income Of Rs.2,62,872/-. The Return Of Income Of The Assessee Was Processed U/S 143(1) Of The Act On 16.04.2011. Subsequently, It Has Been Brought To The Notice Of The Assessing Officer That The Assessee Company Had Made Bogus Purchases From 1) Bhagyalaxmi Steel Industries 2) Jineshawar Trading Company 3) Kushal

For Appellant: Gaurav Mathur, AdvFor Respondent: Anitabh Bhattacharya, Addl.CIT-DR
Section 143(1)Section 147Section 148Section 271(1)Section 69C

M/S Micron Platers vs. Income Tax Officer20 (2) (2), Mumbai

In the result, appeal of the assessee is dismissed

ITA 3090/MUM/2016[2010-11]Status: DisposedITAT Mumbai12 Apr 2017AY 2010-11

Bench: Shri D. Karunakara Raoफनाभ/ M/S. Micron Platers, Ito-20(2)(2), 1/11, Building No.2, 1 St Floor, Mumbai. Vs. Marol Udyog Premises Coop. Soc., Marol Maroshi Road, Andheri (E), Mumbai – 400 059. स्थामी रेखा सं./ Pan : Aaqfm3374F (अऩीराथी /Appellant) .. (प्रत्मथी / Respondent) अऩीराथी की ओय से / Appellant By : Shri A.K. Sinha प्रत्मथी की ओय से/ Respondent By : Ms. Beena Santosh, Dr सुनवाई की तायीख / Date Of Hearing : 20.03.2017 घोषणा की तायीख /Date Of Pronouncement : 12.04.2017 आदेश / O R D E R Per D. Karunakara Rao, Am: This Appeal Filed By The Assessee On 2.5.2016 Is Against The Order Of The Cit (A)-36, Mumbai Dated 28.03.2016 For The Assessment Year 2010-2011. 2. The Only Issue Raised In This Appeal Relates To The Cit (A)’S Decision In Restricting The Addition To 12.5% Of The Bogus Purchases Amounting To Rs. 18,31,500/-. Briefly Stated Relevant Facts Of The Case Are That The Assessee Claimed The Said Purchases From M/S. Dev Enterprises, Whose Name Has Appeared In The Blocklist Of The Official Website Maintained By The Sales Tax Department. In The Assessment, Ao Disallowed The Said Amount U/S 69C Of The Act Treating The Same As Bogus Purchases. Matter Travelled To The First Appellate Authority. 3. During The Proceedings Before The First Appellate Authority, Cit (A) Restricted The Said Addition To 12.5% Of The Alleged Bogus Purchases Amounting To Rs. 18,31,500/-. While Coming To The Said Decision, Cit (A) Relied On The Judgment Of The Hon’Ble Gujarat High Court In The Case Of Cit Vs. Simit P. Sheth (355 Itr 290)

For Appellant: Shri A.K. SinhaFor Respondent: Ms. Beena Santosh, DR
Section 69C

Talent Ahead India Pvt. Ltd., Mumbai vs. DCIT 1(3)(1), Mumbai

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

ITA 2836/MUM/2016[2012-13]Status: DisposedITAT Mumbai12 Apr 2017AY 2012-13

Bench: Shri D. Karunakara Rao & Shri Pawan Singhm/S. Talentahead India Pvt Ltd., फनाभ/ Dcit-1(3)(1), 201, Padmini Building, Tely Aayakar Bhavan, Vs. Galli Cross Road, Andheri (E), Mumbai – 400 007. Mumbai – 400 069. स्थामी रेखा सं./ Pan : Aabct1959K (अऩीराथी /Appellant) .. (प्रत्मथी / Respondent) अऩीराथी की ओय से / Appellant By : Shri Mithun Shetty प्रत्मथी की ओय से/ Respondent By : Ms. Beena Santosh, Dr सुनवाई की तायीख / Date Of Hearing : 21.02.2017 घोषणा की तायीख /Date Of Pronouncement : 12.04.2017 आदेश / O R D E R Per D. Karunakara Rao, Am: This Appeal Filed By The Assessee On 18.4.2016 Is Against The Order Of The Cit (A)-3, Mumbai Dated 21.12.2015 For The Assessment Year 2012-13. In This Appeal, Assessee Raised Two Grounds & The Same Read As Under:- “1. The Ld Cit (A) Has Erred In Law & Facts & In Circumstances Of The Case In Confirming Addition To Total Income Of Rs. 6,60,000/- Under Section 69C Of The Act In Respect Of Consultancy Charges Paid To Certain Key Management Personnel. 2. The Ld Cit (A) Erred In Law & Facts & In Circumstances Of The Case By Not Allowing Credit Of Rs. 8,111/- For Payment Of Dividend Distribution Tax.” 2. Briefly Stated Relevant Facts Of The Case Are That The Assessee Is Engaged In The Business Of „Recruitment Of Employees For Various Companies On Outsourcing Basis‟. Assessee Filed The Return Of Income Declaring The Total Income Of Rs. 30,77,670/-. Assessment Was Completed U/S 143(3) Of The Act & The Assessed Income Was Determined At Rs. 37,37,670/-. In The Assessment, Ao Made Addition Of Rs. 6,60,000/- U/S 69C Of The Act On Account Of Consultancy Charges Paid To Smt. Anita Agarwal (Rs. 4,80,000/-) & Smt. Shakuntala Agarwal (Rs. 1,80,000/-). On Finding That Smt. Anita & Smt. Shakuntala Are Not Properly Qualified To Render The Services, Ao Disallowed The Said Amount Totalling To Rs. 6.6 Lakhs. In The Process

For Appellant: Shri Mithun ShettyFor Respondent: Ms. Beena Santosh, DR
Section 143(3)Section 40A(2)(b)Section 69C