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

Birbhum Enterprise Pvt. Ltd., Suri vs. I.T.O. - 3(1), Suri

In the result, Appeal of the Assessee is dismissed

ITA 2399/KOL/2025[2018-2019]Status: DisposedITAT Kolkata24 Sept 2026AY 2018-2019

Bench: Shri Yogesh Kumar U.S. & Shri Rakesh Mishraassessment Year: 2018-19 Birbhum Enterprise Private Vs. Ito, Ward-3(1), Suri Limited C/O-P.K. Himmat Singhka & Co., 41, B.B. Ganguly Street, 2Nd Floor, Room No.B4, Kolkata, West Bengal-700012 [Pan: Aafcb4118C] Appellant Respondent Appellant By : Shri Pramod Himmat Singhka, Ar Respondent By : Shri Soumitra Ghosh, Addl. Cit, Sr. Dr Date Of Hearing : 21.09.2026 Date Of Pronouncement : 24.09.2026 O R D E R Per Yogesh Kumar U.S.: The Present Appeal Is Filed By The Assessee Against The Order Of The Nfac, Delhi (‘Ld. Cit(A)’ For Short) Dated 21.08.2025, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”, For Short) For The Assessment Year 2018-19. 2. Brief Facts Of The Case Are That, Assessee Filed Return Of Income Declaring Total Income Of Rs.1,12,650/- Which Has Been Processed By Cpc U/S 143(1)(A) Of The Act At Return Of Income. Subsequently, An Order U/S 148A(D) Of The Act Came To Be Passed On 30.03.2022 Alleging That The Income Of Rs.29,00,000/- Chargeable To Tax Has Birbhum Enterprise Private Limited; A.Y.: 2018-19 Escaped Assessment Within The Meaning Of Section 147 Of The Act. Accordingly, Notice U/S 148 Of The Act Was Issued To The Assessee. An Assessment Order Came To Be Passed U/S 147 R.W.S. 144B Of The Act On 20.03.2023 By Making An Addition Of Rs.29,00,000/- U/S 68 Of The Act & Rs.87,000/- U/S 69C Of The Act. Aggrieved By The Assessment Order Dated 20.03.2023, Assessee Preferred An Appeal Before The Cit(A). The Ld. Cit(A) Vide Order Dated 21.08.2025, Dismissed The Appeal Filed By The Assessee. As Against The Order Of The Ld. Cit(A), Assessee Preferred The Present Appeal.

For Appellant: Shri Pramod Himmat Singhka, ARFor Respondent: Shri Soumitra Ghosh, Addl. CIT, Sr. DR
Section 132Section 143(1)(a)Section 147Section 148Section 148ASection 153CSection 250Section 68Section 69C

Vora Brothers, Mumbai vs. Asst Commisioner of Income Tax - Circle 26(1), Mumbai

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

ITA 2804/MUM/2026[2011-12]Status: DisposedITAT Mumbai24 Sept 2026AY 2011-12

Bench: Shri Vikram Singh Yadav & Shri Pawan Singhvora Brothers Asst. Commisioner Of Income Fc, 2080 Bharat Diamond Tax - Circle 26(1) Bourse, Bkc Bandra East, Vs. Kautilya Bhavan Bkc Bandra Mumbai,Maharashtra, 400051. East, Mumbai, Maharashtra, 400051 Pan: Aacfv2806K (Appellant) (Respondent) For Assessee : Shri Vipul J. Shah, Adv. For Revenue : Ms. Tsering Majumder, Sr. Dr Date Of Hearing : 30.06.2026 Date Of Pronouncement : 24.09.2026 O R D E R Per Vikram Singh Yadav, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) 51, Mumbai [‘Ld.Cit(A)’], Dated 16.01.2026, Pertaining To Assessment Year (Ay) 2011-12. 2. Briefly, The Facts Of The Case Are That The Assessee Is A Partnership Firm Engaged In The Business Of Trading In Diamonds. For The Year Under Consideration, The Assessee Had Shown Purchase Of 466.74 Carats Of Diamonds Amounting To Rs.66,74,382/- From M/S Nazarimpex Pvt. Ltd. The Assessing Officer, On The Basis Of Information Received From The Investigation Wing In Respect Of Rajendra Jain/Sanjay Choudhary Group, Treated The Said Purchase As A Non-Genuine/Accommodation-Bill

For Appellant: Shri Vipul J. Shah, AdvFor Respondent: Ms. Tsering Majumder, Sr. DR
Section 145(3)Section 251(2)