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

Arihant Roller Flour Mills, Jind, Haryana vs. Income Tax Officer Ward 1 Jind, Haryana

The appeal of the assessee stand allowed

ITA 942/CHANDI/2026[2018-19]Status: DisposedITAT Chandigarh07 Jul 2026AY 2018-19

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.942/Chandi/2026 (िनधा"रणवष" / Assessment Year: 2018-19) M/S Arihant Roller Flour Mills Ito Ward – 1 बनाम/ Vs. Uchana S.O, Baroda, Jind Kothi No. 1234, Urban Estate Haryana – 126115 Jind, Haryana – 127306 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aamfa-5652-L (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Nikhil Goyal & Sh. Ashok Goyal (Advocates) – Ld. Ars ""थ"कीओरसे/Respondent By : Smt. Jaishree Sharma (Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 04-06-2026 घोषणाकीतारीख /Date Of Pronouncement 07-07-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. By Way Of This Appeal, The Assessee Assails Invocation Of Revisionary Jurisdiction U/S 263 By Ld. Pr. Commissioner Of Income Tax, Rohtak (Pr. Cit) For The Assessment Year (Ay) 2018-19 Vide Impugned Order Dated 28-03-2026 Proposing Revision Of An Assessment As Framed By Ld. Assessing Officer [Ao] U/S.144 R.W.S. 260 R.W.S. 144B Of The Act On 16-02-2024 After Making Quantum Addition Of Rs.10.06 Lacs.

For Appellant: Sh. Nikhil Goyal and Sh. Ashok GoyalFor Respondent: Smt. Jaishree Sharma (CIT) - Ld. DR
Section 133(6)Section 139(1)Section 142(1)Section 144Section 148Section 263Section 270A

Deputy Commissioner of Income Tax Circle-1(1)(1), Vadodara vs. Rajesh Chimanlal Patel, Vadodara

In the result, the appeal filed by the Revenue as well as the Cross

ITA 530/AHD/2026[2020-21]Status: DisposedITAT Ahmedabad07 Jul 2026AY 2020-21

Bench: Shri Sanjay Garg & Smt. Annapurna Guptaआयकर अपील सं /Ita Nos. 468, 469 & 530/Ahd/2026 (Along With C.O. Nos. 16, 17 & 23/Ahd/2026) िनधा"रण वष" /Assessment Years : 2018-19, 2019-20 & 2020-21 बनाम/ Dcit, Rajesh Chimanlal Patel, Circle-1(1)(1), V S 202, Pavan Complex, Alkapuri, / . Vadodara Vadodara-390007 "थायी लेखा सं./Pan:Acqpp9018F (Appellant/Respondent) (Respondent/Cross Objector) Assessee By : Shri Darshan B. Gandhi, Adv. Revenue By : Shri Alpesh Parmar, Cit-Dr & Shri Ashok Kumar Suthar, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 15/04/2026 घोषणा की तारीख /Date Of Pronouncement: 07/07/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals By The Revenue & The Corresponding Cross Objections By The Assessee Have Been Preferred Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit(A)’] Of Even Dated 22/12/2025 Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ay) 2018-19 To 2020-21 Respectively. Since Common Facts & Issues Are Involved In All The Captioned Appeals & Cross Objections, Hence, The Same Were Heard Together & Are Being Disposed Of By This Common Order. Revenue’S Appeal Ita No.468/Ahd/2026 Is Taken As The Lead Case For The Purpose Of Narration Of Facts.

For Appellant: Shri Darshan B. Gandhi, AdvFor Respondent: Shri Alpesh Parmar, CIT-DR &
Section 115BSection 133(6)Section 139(1)Section 145(3)Section 147Section 250Section 69C

Deputy Commissioner of Income Tax, Circle-1(1)(1), Vadodara vs. Rajesh Chimanlal Patel, Vadodara

In the result, the appeal filed by the Revenue as well as the Cross

ITA 469/AHD/2026[2019-20]Status: DisposedITAT Ahmedabad07 Jul 2026AY 2019-20

Bench: Shri Sanjay Garg & Smt. Annapurna Guptaआयकर अपील सं /Ita Nos. 468, 469 & 530/Ahd/2026 (Along With C.O. Nos. 16, 17 & 23/Ahd/2026) िनधा"रण वष" /Assessment Years : 2018-19, 2019-20 & 2020-21 बनाम/ Dcit, Rajesh Chimanlal Patel, Circle-1(1)(1), V S 202, Pavan Complex, Alkapuri, / . Vadodara Vadodara-390007 "थायी लेखा सं./Pan:Acqpp9018F (Appellant/Respondent) (Respondent/Cross Objector) Assessee By : Shri Darshan B. Gandhi, Adv. Revenue By : Shri Alpesh Parmar, Cit-Dr & Shri Ashok Kumar Suthar, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 15/04/2026 घोषणा की तारीख /Date Of Pronouncement: 07/07/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals By The Revenue & The Corresponding Cross Objections By The Assessee Have Been Preferred Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit(A)’] Of Even Dated 22/12/2025 Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ay) 2018-19 To 2020-21 Respectively. Since Common Facts & Issues Are Involved In All The Captioned Appeals & Cross Objections, Hence, The Same Were Heard Together & Are Being Disposed Of By This Common Order. Revenue’S Appeal Ita No.468/Ahd/2026 Is Taken As The Lead Case For The Purpose Of Narration Of Facts.

For Appellant: Shri Darshan B. Gandhi, AdvFor Respondent: Shri Alpesh Parmar, CIT-DR &
Section 115BSection 133(6)Section 139(1)Section 145(3)Section 147Section 250Section 69C

Deputy Commissioner of Income Tax, Circle-1(1)(1), Vadodara vs. Rajesh Chimanlal Patel, Vadodara

In the result, the appeal filed by the Revenue as well as the Cross

ITA 468/AHD/2026[2018-19]Status: DisposedITAT Ahmedabad07 Jul 2026AY 2018-19

Bench: Shri Sanjay Garg & Smt. Annapurna Guptaआयकर अपील सं /Ita Nos. 468, 469 & 530/Ahd/2026 (Along With C.O. Nos. 16, 17 & 23/Ahd/2026) िनधा"रण वष" /Assessment Years : 2018-19, 2019-20 & 2020-21 बनाम/ Dcit, Rajesh Chimanlal Patel, Circle-1(1)(1), V S 202, Pavan Complex, Alkapuri, / . Vadodara Vadodara-390007 "थायी लेखा सं./Pan:Acqpp9018F (Appellant/Respondent) (Respondent/Cross Objector) Assessee By : Shri Darshan B. Gandhi, Adv. Revenue By : Shri Alpesh Parmar, Cit-Dr & Shri Ashok Kumar Suthar, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 15/04/2026 घोषणा की तारीख /Date Of Pronouncement: 07/07/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals By The Revenue & The Corresponding Cross Objections By The Assessee Have Been Preferred Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit(A)’] Of Even Dated 22/12/2025 Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ay) 2018-19 To 2020-21 Respectively. Since Common Facts & Issues Are Involved In All The Captioned Appeals & Cross Objections, Hence, The Same Were Heard Together & Are Being Disposed Of By This Common Order. Revenue’S Appeal Ita No.468/Ahd/2026 Is Taken As The Lead Case For The Purpose Of Narration Of Facts.

For Appellant: Shri Darshan B. Gandhi, AdvFor Respondent: Shri Alpesh Parmar, CIT-DR &
Section 115BSection 133(6)Section 139(1)Section 145(3)Section 147Section 250Section 69C