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

DCIT, Circle - 19(1), Delhi vs. Ramayna Ispat Pvt. Ltd., Delhi

In the result, the appeal of the assessee and Revenue are dismissed

ITA 4147/DEL/2024[2018-19]Status: DisposedITAT Delhi28 Jan 2026AY 2018-19

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalramayna Ispat Private Limited, Dcit, A-48, 1St Floor, Wazirpur Circle-19(1), Industrial Area, Delhi-110052. Vs. New Delhi. Pan-Aaccr7382R (Appellant) (Respondent) Dcit, Ramayna Ispat Private Limited, A-48, 1St Floor, Wazirpur Circle-19(1), New Delhi. Vs. Industrial Area, Delhi-110052. Pan-Aaccr7382R (Appellant) (Respondent) Assessee By Shri Maneesh Upneja, Ca, Shri Baldev Raj, Ca & Ms. Sanju Kumari, Adv. Department By Shri Khitesh Gupta, Sr. Dr Date Of Hearing 27/11/2025 Date Of Pronouncement 27/11/2025 O R D E R Per Manish Agarwal, Am: These Cross Appeals Are Filed By The Assessee & Revenue Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Ld. Cit(A)] Dated 11.07.2024 U/S 250 Of The Income Tax Act, 1961 (“The Act” In Short) For Assessment Year 2018-19. Ramayna Ispat Pvt. Ltd. Vs. Ito 2. Brief Facts Of The Case Are That The Assessee Is A Private Ltd. Company Engaged In The Business Of Manufacturing, Processing, Forging, Casting Mixing Of Various Kinds Of Steel, Carbon Settle, Mild Steel, Stainless Steel, High Speed Steel & Bright Steel Etc. The Return Of Income Was Revised On 28.10.2018 At An Income Of Rs.1,00,96,587/-. The Case Of The Assessee Was Reopened U/S 148 For The Reason That Assessee Has Taken Accommodation Entries Of Bogus Purchases & After Considering The Submissions Made, Ao Had Made The Addition Of Rs.5,78,99,593/- U/S 69C Of The Act Towards Unexplained Expenditure On Account Of Bogus Purchase & Further Invoked The Provisions Of Section 115Bbe Of The Act. The Ao Further Made An Addition Of Rs.3,14,795/- By Estimating The Net Profit Declared By The Assessee. Besides This Further Disallowance Of Rs.9,37,608/- Was Made Out Of Freight Expenses And, Accordingly, The Total Income Of The Assessee Was Assessed At Rs.6,87,83,788/-.

Section 115BSection 147Section 148Section 250Section 690Section 69C

Luvkesh Textile Industries Pvt Ltd, Mumbai vs. DCIT Circle 4(2)(1), Mumbai

In the result the both the appeals are allowed for statistical purposes

ITA 6054/MUM/2025[2018-19]Status: DisposedITAT Mumbai27 Jan 2026AY 2018-19

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankarluvkesh Textile Industries Pvt. Deputy Commissioner Ltd. Of Income Tax Circle 201, Maxheal House, Swami 4(2)(1) Vs. Ayyappa Mandir Marg, Bangur Aayakar Bhavan, Nagar, Goregaon West, Maharishi Karve Road, Mumbai - 400104 Mumbai - 400020 Pan: Aaacl7421K (Appellant) (Respondent) Deputy Commissioner Of Lukesh Textile Industries Income Tax Circle Private Limited 4(2)(1) Vs. 21/22 A Chunawal Ind Estate, 640 Aayakar Bhavan, Condivita Lane, Andheri East, Maharishi Karve Road, Mumbai - 400020 Mumbai - 400020 Pan: Aaacl7421K (Appellant) (Respondent) Present For: Assessee By : Shri A. L. Sharma, Ar Revenue By : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 04.12.2025 Date Of Pronouncement : 27.01.2026 आदेश / O R D E R Per Prabhash Shankar [A.M.] :- The Instant Appeals Have Been Preferred By Both The Assessee & The Revenue Which Emanate From The Appellate Order Passed By The Ld. Cit(A)/National Faceless Appeal Centre (Nfac), Delhi, [Hereinafter Referred To As “Cit(A)”] With Regard To The Assessment Order Passed Under Luvkesh Textile Industries Pvt. Ltd. Section 147 R.W.S. 144 Of The Income Tax Act 1961, (In Short ‘The Act’) Dated 22.03.2024 A.Y. 2018-19. 2. The Revenue Has Raised Following Grounds Of Appeal :

For Appellant: Shri A. L. Sharma, ARFor Respondent: Shri Surendra Mohan, Sr. DR
Section 131Section 147Section 69C

DCIT-421, Mumbai vs. Lukesh Textile Industries Private Limited, Mumbai

In the result the both the appeals are allowed for statistical purposes

ITA 5924/MUM/2025[2018-19]Status: DisposedITAT Mumbai27 Jan 2026AY 2018-19

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankarluvkesh Textile Industries Pvt. Deputy Commissioner Ltd. Of Income Tax Circle 201, Maxheal House, Swami 4(2)(1) Vs. Ayyappa Mandir Marg, Bangur Aayakar Bhavan, Nagar, Goregaon West, Maharishi Karve Road, Mumbai - 400104 Mumbai - 400020 Pan: Aaacl7421K (Appellant) (Respondent) Deputy Commissioner Of Lukesh Textile Industries Income Tax Circle Private Limited 4(2)(1) Vs. 21/22 A Chunawal Ind Estate, 640 Aayakar Bhavan, Condivita Lane, Andheri East, Maharishi Karve Road, Mumbai - 400020 Mumbai - 400020 Pan: Aaacl7421K (Appellant) (Respondent) Present For: Assessee By : Shri A. L. Sharma, Ar Revenue By : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 04.12.2025 Date Of Pronouncement : 27.01.2026 आदेश / O R D E R Per Prabhash Shankar [A.M.] :- The Instant Appeals Have Been Preferred By Both The Assessee & The Revenue Which Emanate From The Appellate Order Passed By The Ld. Cit(A)/National Faceless Appeal Centre (Nfac), Delhi, [Hereinafter Referred To As “Cit(A)”] With Regard To The Assessment Order Passed Under Luvkesh Textile Industries Pvt. Ltd. Section 147 R.W.S. 144 Of The Income Tax Act 1961, (In Short ‘The Act’) Dated 22.03.2024 A.Y. 2018-19. 2. The Revenue Has Raised Following Grounds Of Appeal :

For Appellant: Shri A. L. Sharma, ARFor Respondent: Shri Surendra Mohan, Sr. DR
Section 131Section 147Section 69C