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. M. S Luvish Infotech Projects Pvt Ltd, Mumbai vs. ACIT Circle -2(2)(1), Mumbai

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

ITA 8993/MUM/2025[2019-20]Status: DisposedITAT Mumbai12 May 2026AY 2019-20

Bench: Shri Amit Shukla& Shri Makarand Vasant Mahadeokarm/S. M.S. Acit, Circle – 2(2)1, Luvishinfotech Tax (Appeals) Nfac, Projects Pvt. Ltd., Vs. Mumbai, Cts 102/2, Sai Armaa, Maharashtra- 400020 Raut Lane, Mumbai, Maharashtra – 400020. Pan/Gir No. Aadcm4966H (Applicant) (Respondent) Assessee By Mr. Mansvi Singh Revenue By Shri Annavaramkosuri, Sr. Ar Date Of Hearing 02.04.2026 Date Of Pronouncement 12.05.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act"] Dated 14.10.2025 For 2 Luvish Infotech Projects Pvt Ltd. Assessment Year 2019–20 Arising Out Of The Assessment Order Passed Under Section 147 Read With Sections 144 & 144B Of The Act Dated 11.03.2025. Facts Of The Case 2. The Assessee Is A Company Engaged In The Business Of Leasing Commercial Property. For The Year Under Consideration, The Assessment Was Reopened Based On Information Received From The Investigation Wing That Certain Parties Were Engaged In Providing Accommodation Entries In The Form Of Bogus Invoices Without Actual Supply Of Goods Or Services. On The Basis Of Such Information, Proceedings Under Section 148A Were Initiated & Thereafter Notice Under Section 148 Was Issued On 12.04.2023. During The Reassessment Proceedings, The Assessing Officer Observed That The Assessee Had Claimed Purchases Aggregating To Rs. 54,04,045/- From Two Parties, Namely:  M/S Ketan Suresh Bhawar – Rs. 24,91,000/-  M/S Manoj Kumar Varada Ram – Rs. 29,13,045/- These Parties Were Allegedly Identified As Non-Genuine Entities Issuing Accommodation Bills.

Section 115BSection 142(1)Section 147Section 148Section 148ASection 250Section 69C