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

ACIT CC 39, Mumbai vs. Sadbhav Land P.Ltd

In the result, the appeal of the revenue is dismissed

ITA 599/MUM/2014[2008-09]Status: DisposedITAT Mumbai24 Jun 2016AY 2008-09

Bench: Shri Shailendra Kumar Yadav, Jm & Shri Rajesh Kumar, Am आयकर अपीऱ सं./I.T.A. No.599/Mum/2014 (ननधधारण वषा / Assessment Year : 2008-09) Asstt. Commissioner Of Income बनधम/ M/S Sadbhav Land Pvt.Ltd, Tax, Cc-39, Room No.32(1), 102, Sagar Darshan Vs. Ground Floor, Cts No.10223/4, Aayakar Bhavan, Ramnath Road, M K Road, Alibaug-402201. Mumbai-400020 स्थधयी ऱेखध सं./ Pan : Aalcs1288G अपीऱार्थी ओर से / Revenue By Shri Love Kumar प्रत्यर्थी की ओर से/Assessee By None सुनवाई की तारीख / Date Of Hearing : 22.6.2016 घोषणा की तारीख /Date Of Pronouncement: 24 .6.2016 आदेश / O R D E R Per Rajesh Kumar, A. M: This Is An Appeal Filed By The Revenue Challenging The Order Dated 29.10.2013 Passed By Ld.Cit(A)-41, Mumbai, For Assessment Year 2008-09 By Which The Revenue Is Challenging The Deletion Of Penalty Levied By The Ao. 2. None Appeared On Behalf Of The Assessee Despite Service Of Notice To The Assessee. However, A Letter Dated 21.6.2016 Has Been Filed On Behalf Of The Assessee Seeking Adjournment On The Ground That The Person Who Is Handling The Case Is Out Of Station. In The Earlier Occasion Vide Letter Dated 30.6.2015

Section 143(3)Section 153CSection 271Section 271(1)Section 271(1)(c)Section 69C

ITO 25(2)(2)), Mumbai vs. Prathmesh Realtors, Mumbai

In the result, the Revenue’s appeal is dismissed on the afore-said terms

ITA 3382/MUM/2014[2010-11]Status: DisposedITAT Mumbai10 Jun 2016AY 2010-11

Bench: Shri Sanjay Arora, Am & Shri Amarjit Singh, Jm आयकर अपील सं./I.T.A. No. 3382/Mum/2014 ("नधा"रण वष" / Assessment Year: 2010-11) Income Tax Officer-25(2)(2), Prathmesh Realtors बनाम/ C-11, Bldg., Room No. 106, A-101, Sweta Park, Daulat Nagar Pratyakshkar Bhavan, Kurla Complex, Road No. 2, Borivali (E), Vs. Bandra(E), Mumbai-51 Mumbai-400 066 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaifp 8580 C (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri S. Pandian ""यथ" क" ओर से/Respondent By : Shri Tarun Ghia सुनवाई क" तार"ख / : 16.03.2016 Date Of Hearing घोषणा क" तार"ख / : 10.06.2016 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: This Is An Appeal By The Revenue Directed Against The Order By The Commissioner Of Income Tax (Appeals)-35, Mumbai (‘Cit(A)’ For Short) Dated 14.2.2014, Partly Allowing The Assessee’S Appeal Contesting Its Assessment U/S.143(3) Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) For The Assessment Year (A.Y.) 2010-11 Vide Order Dated 12.3.2013. 2. The First Issue Under Appeal (Raised Vide Grounds 1 & 2) Is The Validity Or Otherwise In Law Of The Proportionate Deduction To The Assessee’S, A Builder & Developer, Housing Project By The Name ‘Prathmesh Heritage’, At Mira Road (E)

For Appellant: Shri S. PandianFor Respondent: Shri Tarun Ghia
Section 143(3)Section 80