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

Dahyabhai Shankarbhai Patel, Vadodara vs. Income Tax Officer, Ward 1(3)(1), Vadodara

In the result, the appeal of the assessee is allowed

ITA 251/AHD/2025[2015-16]Status: DisposedITAT Ahmedabad25 Mar 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.251/Ahd/2025 िनधा"रण वष" /Assessment Year : 2015-16 Dahyabhai Shankarbhai Patel The Income Tax Officer बनाम/ Ashutosha, 300 Kadamnagar Ward-1(3)(1), V/S. Nr. Mehsana Nagar Vadodara Nizampura, Vadodara-390 024 "थायी लेखा सं./Pan: Acspp 2248 R (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Sunil Talati, Ar Revenue By : Shri Kalpesh Rupavatia, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 24 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 25 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee Against The Order Dated 19.12.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As "Cit(A)"] Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"] For The Assessment Year (Ay) 2015-16, Whereby The Cit(A) Upheld The Addition Of Rs.2,78,14,620/- Made By The Assessing Officer [Hereinafter Referred To As "Ao”] Under Section 69 Of The Act As Unexplained Investment. Dahyabhai Shankarbhai Patel Vs. Ito Asst. Year : 2015-16

For Appellant: Shri Sunil Talati, ARFor Respondent: Shri Kalpesh Rupavatia, Sr.DR
Section 148Section 148ASection 250Section 69

Senniappan Mani, Tirupur vs. ITO, Ward-2(1), Tiruppur

In the result, the appeal is allowed for statistical purposes

ITA 3230/CHNY/2024[2017-18]Status: DisposedITAT Chennai25 Mar 2025AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita No.3230/Chny/2024 (िनधा"रणवष" / Assessment Year: 2017-2018) Senniappan Mani, Vs. The Income Tax Officer, No.7, Sivasakthi Nagar, Ward 2(1) 1St Street, K T C Main Road, Tirupur. Parappalayam, Tirupur 641 604. [Pan: Bbnpm 7005C] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. Senthil Kumar, Advocate Virtual, Erode ""यथ" क" ओर से /Respondent By : Ms. V. Aswathy, Jcit सुनवाई क" तार"ख/Date Of Hearing : 25.02.2025 घोषणा क" तार"ख /Date Of Pronouncement : 25.03.2025 आदेश / O R D E R Per Manu Kumar Giri () This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) Nfac, Delhi [Cit(A)] Dated 01.02.2024 For Assessment Year 2017-18. 2. The Registry Has Noted Delay Of 232 Days In Filing The Appeal. Considering The Period Of Delay & Reasons Stated In Condonation Affidavit Given By The Assessee, We Condone The Delay & Admit The Appeal For Adjudication. 3. Brief Facts Of The Case Are That The Assessment Was Completed U/S 147 R.W.S 144 R.W.S 144B Of The Act Wherein Ao Had Made Addition Of Rs.1,00,98,950/- U/S 69 On Account Of Unexplained Investment & Rs.1,11,66,838/- U/S 69A On Account Of Unexplained Money. Assessee Further Challenged The Order Of Assessment U/S 147 R.W.S 144 R.W.S 144B Of The Act Before The Ld.Cit(A) Who Did Not Admit The Appeal Of The Assessee For The Reason That The Assessee Has Not Paid An Amount Equal To The Amount Of Advance Tax Which Was Payable In The Light Of The Mandatory Provision Of Section 249(4)(B) Of The Act. The Assessee Is Now In Appeal Before The Tribunal With The Following Grounds:-

For Appellant: Shri. Senthil Kumar, AdvocateFor Respondent: Ms. V. Aswathy, JCIT
Section 147Section 207Section 249(4)Section 249(4)(a)Section 249(4)(b)Section 69Section 69A