Unexplained Expenditure Under Section 69C

1. Key Features of Section 69C

  • Objective: Targets unexplained expenseswhere the assessee cannot prove the source of funds.
  • Deemed Income: The entire unexplained expenditure is treated as taxable income.
  • Burden of Proof: The assessee must justify the source of fundsfor the expense.
  • Tax Rate:
    • Normal Cases: Taxed at applicable slab rates.
    • If linked to undisclosed income: 60% + 25% surcharge + 4% cess = 25%(under Section 115BBE).

2. When Does Section 69C Apply?

  1. Expenditure Exists(e.g., lavish weddings, foreign trips, luxury purchases).
  2. No Explanation for Source:
    • Assessee cannot provelegitimate income source.
    • AO rejectsthe explanation (e.g., claims of loans/gifts without proof).
  3. Books Not Maintained(or expense not recorded).

3. Common Scenarios & Tax Impact

SITUATION EXAMPLE TAX TREATMENT
Luxury Car Purchase Bought for ₹50L with no income proof ₹50L added to income
Foreign Vacation Spent ₹20L on Europe trip (no savings trail) ₹20L taxed
High-End Electronics iPhone bought for ₹1L in cash (no source) ₹1L added to income

4. How to Avoid Section 69C Additions?

✔ Maintain Proof of Income Source:

  • Bank statementsshowing savings/salary.
  • Loan agreements(if financed).
  • Gift deeds(if funded by relatives).

✔ Record All Expenses in Books (if maintaining accounts).

✔ Avoid Large Cash Transactions (>₹10,000/day).

5. Penalty & Consequences

  • Tax: 77.25% if linked to black money.
  • Penalty: 10-200% for concealment.
  • Prosecution Risk: If evasion is willful.
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