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

ITO 5(2)(2), Mumbai vs. Kamdhenu Valves P.Ltd, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 3774/MUM/2016[2009-10]Status: DisposedITAT Mumbai29 Mar 2017AY 2009-10

Bench: Shri D. Karunakara Raoफनाभ/ Ito-5(2)(2), M/S. Kamdhenu Valves Pvt 5Th Floor, Aayakar Bhavan, Ltd., Vs. M.K. Road, Mumbai-20. Shop No.9, Jain Bhavan, Dr. Bhajekar Street, Mumbai-400004. स्थामी रेखा सं./ Pan : Aaack3257G (अऩीराथी /Appellant) .. (प्रत्मथी / Respondent) अऩीराथी की ओय से / Appellant By : Ms. Beena Santosh, Dr प्रत्मथी की ओय से/ Respondent By : Ms. Hemlata Bhungare सुनवाई की तायीख / Date Of Hearing : 22.03.2017 घोषणा की तायीख /Date Of Pronouncement : 29.03.2017 आदेश / O R D E R Per D. Karunakara Rao, Am: This Appeal Filed By The Revenue On 1.6.2016 Is Against The Order Of The Cit (A)-10, Mumbai Dated 22.2.2016 For The Assessment Year 2009-2010. 2. In This Appeal, Revenue Raised Two Main Grounds & They Revolve Around The Core Issue Relating To The Addition On Account Of „Bogus Purchases‟ From The Suppliers Whose Names Are Appearing In The Official Website Of The Sales Tax Department. This Is The Case Where The Assessing Officer Made Addition Of Such Entire Bogus Purchases. Aggrieved With The Said Decision Of The Ao Assessee Carried The Matter In Appeal Before The First Appellate Authority. 3. During The Proceedings Before The First Appellate Authority, Cit (A) Relied On The Judgment Of The Hon‟Ble Jurisdictional High Court In The Case Of Nickunj Eximp Enterprises Pvt Ltd Vs. Acit Vide Writ Petition No. 2860 Of 2012, Dated 18Th June, 2014 & Disproved The Addition Made By The Ao U/S 69C Of The Act. Further, Relying On The Ratio Laid Down By The Hon‟Ble Gujarat High Court In The Case Of Cit Vs. Simit P. Sheth [2013] 356 Itr 451, Cit (A) Restricted The Addition To 12.50% Of Such Alleged Bogus Purchases. Aggrieved With The Relief Granted By The Cit (A), Revenue Is In Appeal Before The Tribunal By Raising The Above Grounds.

For Appellant: Ms. Beena Santosh, DRFor Respondent: Ms. Hemlata Bhungare
Section 69C