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

Jay Maulesh Ukani, Rajkot vs. The Income Tax Officer, Ward - 2(1)(2), Rajkot

In the result, appeal filed by the assessee, is allowed

ITA 95/RJT/2025[2013-14]Status: DisposedITAT Rajkot10 Aug 2026AY 2013-14

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 95/Rjt/2025 [ "नधा"रणवष"/Assessment Year: 2013-14 ] Jay Maulesh Ukani, The Income Tax Officer, Pushkar, 15-B, Panchwati Ward -2(1)(2), Rajkot Vs. Society, Kalawad Road, Aayakar Bhavan Race Course Rajkot 360005, Gujarat Ring Road, Rajkot Gujarat-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adfpu9062J (अपीलाथ"/Assessee) (""यथ"/Respondent) Assessee By : Shri D. M. Rindani, Ld. Ar Respondent By : Shri Anadi Dixit, Ld. Sr. Dr Date Of Hearing : 10/06/2026 10/08/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2013-14, Is Directed Against The Order Under Section 250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 25.01.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 Of The Act, Dated 28.03.2022. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows:

For Appellant: Shri D. M. Rindani, Ld. ARFor Respondent: Shri Anadi Dixit, Ld. Sr. DR
Section 115BSection 147Section 148Section 234ASection 250Section 271(1)(c)Section 68Section 69

Rameshbhai Bhagawanbhai Dobariya, Mumbai vs. Income Tax Officer, Ward 3(2)(1), Surat

In the result, appeal filed by the assessee, is allowed

ITA 397/SRT/2026[2020-21]Status: DisposedITAT Surat10 Aug 2026AY 2020-21

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No.397/Srt/2026 [ "नधा"रणवष"/Assessment Year: 2020-21 ] Rameshbhai Bhagawanbhai Dobariya, Income Tax Officer, 801 Suhash Co-Op Housing Society, Vs. Ward 3(2)(1), Surat, Gulmahor Cross Road, Ville Parle Aaykar Bhavan, Near Majura (W), Maharashtra-400056 Gate, Opp. New Civil Hospital, Surat, Gujarat-395001 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Adlpp8475E (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Sapnesh Sheth, Advocate Respondent By : Shri Ajay Uke, Ld. Sr. Dr Date Of Hearing : 19/05/2026 10/08/2026 Date Of Pronouncement : : Order : Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2020-21, Is Directed Against The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 16.02.2026 By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income Tax (Appeals) [In Short ‘Ld. Cit(A)’] Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer (In Short ‘Ao’) U/S. 143(3) Of The Act, Dated 08.09.2022. 2. Grounds Of Appeal Raised By The Assessee Are As Follows:

For Appellant: Shri Sapnesh Sheth, AdvocateFor Respondent: Shri Ajay Uke, Ld. Sr. DR
Section 115BSection 142(1)Section 143(2)Section 143(3)Section 250Section 69

Balubhai Keshavbhai Patel, Surat vs. ITO, Ward-2(2)(1), Surat

ITA 27/SRT/2026[2016-17]Status: DisposedITAT Surat10 Aug 2026AY 2016-17

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No.27/Srt/2026 "नधा"रणवष"/Assessment Year: 2016-17 Balubhai Keshavbhai Patel, Income Tax Officer, Ward 2(2)(1), Vs. Pasodra, Patel Faliyu, Aayakar Bhawan, Near Majura Gate, Dasodra, Kamrej, Opp New Civil Hospital, Surat, Gujarat-395006 Surat, Gujarat-395001 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Cavpp5365G (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Sapnesh Sheth, Advocate Respondent By : Shri Ajay Uke, Ld. Sr. Dr Date Of Hearing : 19/05/2026 10/08/2026 Date Of Pronouncement : :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2016-17, Is Directed Against The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 21.07.2025 By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income Tax (Appeals) [In Short ‘Ld.Cit(A)’] Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer (In Short ‘Ao’) U/S 147 Read With Section 144B Of The Act, Dated 19.05.2023. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: 1. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Commissioner Of Income Tax (Appeals), Nfac Has Erred In Confirming The Action Of The Assessing Officer In Issuing Notice U/S 148 Of The I.T. Act Even

For Appellant: Shri Sapnesh Sheth, AdvocateFor Respondent: Shri Ajay Uke, Ld. Sr. DR
Section 144BSection 147Section 148Section 250Section 69