Section 69 of the Income Tax Act

Income-tax Act, 2025: s.103

Section 69 of the Income-tax Act, 1961 corresponds to section 103 (Unexplained investment) of the Income-tax Act, 2025.

Read section 103 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 69 is CIT v. Vatika Township Pvt. Ltd. (367 ITR 466), cited in 1,558 of the 9,011 judgments on BharatTax that turn on this section.

Leading authorities on Section 69

CIT v. Vatika Township Pvt. Ltd.
367 ITR 466 · 2014 · Supreme Court
1,558
citing judgments

Taxing statutes are presumed to operate prospectively unless a clear contrary intention for retrospective application is evident. The law applicable for determining tax liability is that which stands on the first day of the assessment year, following the principle that law looks forward, not backward (lex prospicit non respicit).

Andaman Timber Industries v. CCE
281 CTR 241 · 2015 · Supreme Court
1,335
citing judgments

An assessee must be given an opportunity to cross-examine third parties whose statements are relied upon for adverse findings. Failure to provide this opportunity is a serious flaw rendering the order a nullity.

K.P. Varghese v. ITO
131 ITR 597 · 1981 · Supreme Court
989
citing judgments

An addition to income cannot be made merely on the basis of a difference in valuation of assets or a Valuation Officer's report without establishing actual understatement of consideration or the source of unexplained funds through proper enquiry. The Assessing Officer must conduct proper enquiry and satisfy the conditions for making such additions.

CIT v. Odeon Builders Pvt. ltd.
418 ITR 315 · 2019 · Supreme Court
408
citing judgments

Income tax additions cannot be sustained merely on the basis of uncorroborated statements or allegations. The Revenue must bring on record sufficient material and allow the assessee to produce evidence to prove such additions.

Mehta Parikh & Co. v. CIT
30 ITR 181 · 1956 · Supreme Court
396
citing judgments

If the Assessing Officer or appellate authority does not rebut the facts stated in an affidavit, those facts are binding on the tax authorities.

T.S. Balaram ITO v. Volkart Bros.
82 ITR 50 · 1971 · Supreme Court
382
citing judgments

A mistake apparent from the record under Section 154 must be an obvious and patent error, not one that requires a long and elaborate process of reasoning or where two opinions are conceivable. Rectification under Section 154 is not permissible for re-examining issues already considered or requiring detailed re-computation.

CIT v. IBC Knowledge Park (P.) Ltd.
385 ITR 346 · 2016 · High Court
371
citing judgments

A statement made by an assessee under Section 131 during search proceedings, without any corroborating incriminating material found during the search, cannot solely constitute incriminating evidence for making additions in assessments under Section 153A or 153C.

CIT v. Smt. P. K. Noorjahan
237 ITR 570 · 1999 · Supreme Court
308
citing judgments

An unsatisfactory explanation for an amount credited in the books does not automatically result in it being deemed as the assessee's income under Section 68. The initial onus is on the assessee to prove the identity, creditworthiness, and genuineness of the transaction.

Govindarajulu Mudaliar v. CIT
34 ITR 807 · 1958 · Supreme Court
306
citing judgments

The onus lies on the assessee to satisfactorily explain the source and nature of any unexplained cash or credit entries; if they fail to do so, the amount is treated as taxable income. The Income Tax Department is not required to locate the exact source of such funds, and this principle applies even if Section 68 is not strictly invoked.

Canara Housing Development Co. v. DCIT
49 Taxmann.com 98 · 2014 · High Court
283
citing judgments

Proceedings under Section 153A of the Income Tax Act are not confined solely to incriminating material found during a search, and the Assessing Officer can assess total income for the relevant years.

Judgments on Section 69

Rapolu Kavitha, Hyderabad vs. DCIT., Central Circle-2(1), Hyderabad

In the result, the appeal of the assessee in ITA

ITA 775/HYD/2025[2019-20]Status: DisposedITAT Hyderabad08 Oct 2025AY 2019-20

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No.772/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2019-20) 1. Shri Sunil Kumar Mukka, Warangal. Pan: Bhrpm0791F Vs. Dy. Commissioner Of Income Tax, Central Circle 2(1), Hyderabad. आ.अपी.सं / Ita No.775/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2019-20) 2. Ms. Rapolu Kavitha, Hyderabad. Pan: Agppr3343A (Appellant) Vs. Dy. Commissioner Of Income Tax, Central Circle 2(1), Hyderabad. (Respondent) निर्धारिती द्वारा / Assessees By: Shri C. Srinivasa Rao, C.A. राजस्व द्वारा / Revenue By: Dr. Sachin Kumar, Sr-Dr सुनवाई की तारीख / Date Of Hearing: 16/09/2025 घोषणा की तारीख / Pronouncement: 08/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M. : These Appeals Are Filed By Shri Sunil Kumar Mukka & Ms. Rapolu Kavitha ("The Assessees”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Hyderabad-12 (“Ld. Cit(A)”), Both Dated 05.03.2025 For The A.Y. 2019-20. Since The Grounds Raised By The Assessees Are Identical, They Are Heard Together & One Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Respondent: Dr. Sachin Kumar, SR-DR
Section 143(2)Section 153CSection 69

Sunil Kumar Mukka, Warangal vs. DCIT., Central Circle-2(1), Hyderabad

In the result, the appeal of the assessee in ITA

ITA 772/HYD/2025[2019-20]Status: DisposedITAT Hyderabad08 Oct 2025AY 2019-20

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No.772/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2019-20) 1. Shri Sunil Kumar Mukka, Warangal. Pan: Bhrpm0791F Vs. Dy. Commissioner Of Income Tax, Central Circle 2(1), Hyderabad. आ.अपी.सं / Ita No.775/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2019-20) Vs. Dy. Commissioner Of Income Tax, Central Circle 2(1), 2. Ms. Rapolu Kavitha, Hyderabad. Pan: Agppr3343A Hyderabad. (Appellant) (Respondent) निर्धारिती द्वारा / Assessees By: Shri C. Srinivasa Rao, C.A. राजस्व द्वारा / Revenue By: Dr. Sachin Kumar, Sr-Dr सुनवाई की तारीख / Date Of Hearing: 16/09/2025 घोषणा की तारीख / Pronouncement: 08/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M. : These Appeals Are Filed By Shri Sunil Kumar Mukka & Ms. Rapolu Kavitha ("The Assessees\”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Hyderabad-12 (“Ld. Cit(A)"), Both Dated 05.03.2025 For The A.Y. 2019-20. Since The Grounds Raised By The Assessees Are Identical, They Are Heard Together & One Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Respondent: Dr. Sachin Kumar, SR-DR
Section 143(2)Section 153CSection 69

Pellucid Securities Private Limited, Mumbai vs. ITO Ward 7(3)(1), Mumbai

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 4372/MUM/2025[2014-15]Status: DisposedITAT Mumbai08 Oct 2025AY 2014-15

Bench: Shri Narender Kumar Choudhryassessment Year: 2014-15 M/S. Pellucid Securities Commissioner Of Income Private Limited, Tax Appeal, (Nfac) 301, Turf View, National Faceless Appeal 63, Dadarkar Compound, Centre – Ito Ward 7(3)(1), Vs. Tardeo, Ab-126J, Mumbai Aayakar Bhawan, Maharashtra - 400034 Churchgate, Pan: Aafcp1405L Mumbai Maharashtra – 400 020 (Appellant) (Respondent) Present For: Assessee By : Shri Vimal Punmiya, Ld. A.R. Revenue By : Shri Sanjeev Bhagat, Ld. D.R. Date Of Hearing : 18.09.2025 Date Of Pronouncement : 08.10.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 08.10.2024, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2014-15. 2. At The Outset, It Is Observed That There Is A Delay Of 183 Days In Filing This Appeal, As Pointed Out By The Registry, On Which The Assessee Has Claimed That Due To Non-Receipt Of The Impugned Order On Its Email Registered As Well As In Physical Form, The Delay Has Been Occurred, Which Was Neither Intentional Nor Malafide But Because Of The Aforesaid Reason.

For Appellant: Shri Vimal Punmiya, Ld. A.RFor Respondent: Shri Sanjeev Bhagat, Ld. D.R
Section 142(1)Section 147Section 148Section 250Section 68Section 69Section 69C

Shri Sanjay Gordhandas Vaja, Ahmedabad vs. The ITO, International Taxation, Gandhidham-Kutch

In the result, this appeal of the assessee is allowed

ITA 89/RJT/2024[2018-19]Status: DisposedITAT Rajkot30 Sept 2025AY 2018-19

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./ Ita No.89/Rjt/2024 Assessment Year: 2018-19 Sanjay Gordhandas Vaja Income Tax Officer Int. 202, Harmony Heights, Capital Road, बनाम Tax), Gandhidham, Income- Science City, Ahmedabad-380 060 Tax Office, Amruta Estate /Vs. Building, Nr. Girnar Cinema, M.G. Road, Rajkot-360 001 "थायीलेखासं /.जीआइआरसं . / Pan/Gir No.: Ahtpv 3289 L (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Aseem Takkar, Ld.Ar राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Ld. Cit-Dr सुनवाई क" तार"ख /Date Of Hearing : 31/07/2025 घोषणा क" तार"ख /Date Of Pronouncement : 30/09/2025 आदेश / O R D E R Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2018-19, Is Directed Against The Final Order Passed By The Assessing Officer, (After Incorporating Findings Of Dispute Resolution Panel-2 Mumbai, Dated 29.12.2023), Under Section 147 R.W.S. 144C(13) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) .

For Appellant: Shri Aseem Takkar, Ld.ARFor Respondent: Shri Sanjay Punglia, Ld. CIT-DR
Section 115BSection 144CSection 147Section 148Section 148ASection 68Section 69