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-19(3), Mumbai vs. Red Exim Diamond LLP, Mumbai

Appeal of the Revenue is dismissed

ITA 7989/MUM/2025[2014-15]Status: DisposedITAT Mumbai24 Apr 2026AY 2014-15

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassistant Commissioner Of V/S. Red Exim Diamond Llp Income Tax - 19(3) बनाम Ec-6051, Bharat Diamond Room No. 513, 5Th Floor, Bourse, 7A Takshashila, A Chs Piramal Chamber, Parel, Plot No. 50, Bandra Kurla Mumbai – 400 012, Complex, Bandra East, S.O. Maharashtra Mumbai – 400 051, Maharashtra स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aalfr8552P Appellant/अपीलार्थी .. Respondent/प्रतिवादी प्रत्याक्षेपसं./C.O. No.401/Mum/2025 (Arising Out Of Ita No. 7989/Mum/2025) (A.Y. 2014-15) Red Exim Diamond Llp V/S. Assistant Commissioner Of बनाम Ec-6051, Bharat Diamond Income Tax - 19(3) Bourse, 7A Takshashila, A Chs Room No. 513, 5Th Floor, Plot No. 50, Bandra Kurla Piramal Chamber, Parel, Complex, Bandra East, S.O. Mumbai – 400 012, Mumbai – 400 051, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aalfr8552P Appellant/अपीलाथी .. Respondent/प्रतिवादी Assessee By Shri Bhupendra Shah, Ar Revenue By Shri Annavaramkosuri, Sr.Ar Date Of Hearing 23.03.2026 Date Of Pronouncement 24.04.2026 आदेश / O R D E R Per Prabhash Shankar [A.M.] :- The Above Captioned Appeal Preferred By The Revenue & Cross Objections Of The Assessee Emanate From The Orders Passed By The P A G E | 2 Co No. 401/Mum/2025 A.Y. 2014-15 Red Exim Diamond Llp Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”] Pertaining To Assessment Order U/S. 147 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act”] For The Assessment Year [A.Y.] 2014-15. Since The Issues Are Common & Interlinked & Also The Fact That The Appeals Were Heard Together, They Are Being Taken Up Together For Adjudication Vide This Composite Order For The Sake Of Brevity. We Take Up Assessee’S Appeal Co No.401/Mum/2025 First.

Section 143(3)Section 147Section 69C

Vaibhav Mishra, Lucknow vs. Income Tax Officer, Ward 5(2)(5), Noida

In the result, the appeal of the assessee is allowed

ITA 5950/DEL/2024[2013-14]Status: DisposedITAT Delhi24 Apr 2026AY 2013-14

Bench: Shri Anubhav Sharma & Shri Manish Agarwalvaibhav Mishra, Income Tax Officer, 2/49, Vishal Khand, Ward-5(2)(5), Gomtinagar, Niralanagar, Vs. Noida. Uttar Pradesh-226020. Pan-Bldpm3364C (Appellant) (Respondent) Assessee By Shri Narender Arora, Ca Department By Shri Ajay Kumar Arora, Cit-Dr Date Of Hearing 05/02/2026 Date Of Pronouncement 24/04/2026 O R D E R Per Manish Agarwal, Am: The Captioned Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A) In Short], Dated 05.03.2024 In Appeal No. 56/2016-17/Noida, Arising Out Of The Order Passed U/S 144 Of The Income Tax Act, 1961 (The Act, In Short) Dated 18.03.2016 For Assessment Year 2013-14. 2. Brief Facts Are That Case Of The Assessee Was Taken Up For Scrutiny Under Cass & Since, The Assessee Filed To Make Compliance To Any Notice Issued, The Investment Made In Purchase Of Immovable Property For Rs.1,93,11,000/- Was Treated As Unexplained Investment U/S 69C Of The Act & Additions For The Same Was Made. Vaibhaw Mishra Vs. Ito 3. Against The Said Order, Assessee Filed Appeal Before The Ld. Cit(A) Who Vide Order Dated 26.11.2018 Allowed The Appeal Of The Assessee By Accepting The Contention Of The Assessee That He Alongwith His Mother Had Sold The Property Owned By His Deceased Father For Rs.1,88,00,000/- & Utilized The Sale Proceeds To Buy Another Property Jointly With His Younger Brother.

Section 143(3)Section 144Section 54Section 69C