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

Shergil Harjit, Ahmednagar vs. Pr Commissioner of Income-Tax-1, Pune

In the result, the appeal of the assessee is allowed

ITA 170/PUN/2021[2015-16]Status: DisposedITAT Pune20 Jan 2022AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.170/Pun/2021 िनधा"रण वष" / Assessment Year : 2015-16 Shergil Harjit, 6, Penton Road, Opp. Moti Buag, Officer’S Enclave, Ahmednagar Camp, Ahmednagar- 414002. .......अपीलाथ" / Appellant Pan : Evhps1971N बनाम / V/S. Pr. Cit-1, ……""यथ" / Respondent Pune. Assessee By : Shri Prasad Bhandari Revenue By : Shri Subhakant Sahu सुनवाई क" तारीख / Date Of Hearing : 18.01.2022 घोषणा क" तारीख / Date Of Pronouncement : 20.01.2022 आदेश / Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of The Ld. Pr.Cit-1, Pune Dated 17.03.2021 For The Assessment Year 2015-16 As Per The Following Grounds Of Appeal On Record :- “1. On The Facts & In The Prevailing Circumstances Of The Case, Respected Pcit – Pune -1 Erred Passing The Impugned Revision Order Under Section 263 As The Original Assessment Order Under Section 143(3) Was Passed After Full Satisfaction Of The Ld. Assessing Officer. Hence, The Impugned Order Under Section 263 May Please Be Squashed. 2. On The Facts & In The Prevailing Circumstances Of The Case, Respected Pcit, Pune -1 Erred Passing The Impugned Revision Order Under Section 263 Ex- Parte Inspite Of Duly Filed Submissions By The Assessee Before Time. Thus, The Order Passed Without Considering The Submissions Of The Assessee May Please Be Treated As Bad In Law & Hence, The Impugned Order Under Section 263 May Please Be Squashed. 3. The Appellate Craves The Permission To Add, Amend, Modify, Alter, Revise, Substitute, Delete Any Or All Grounds Of The Appeal, If Deemed Necessary At The Time Of Hearing Of The Appeal.”

For Appellant: Shri Prasad BhandariFor Respondent: Shri Subhakant Sahu
Section 115BSection 143(3)Section 263Section 44ASection 68Section 69

ACIT, CC- 3, New Delhi vs. Jotindra Steel & Tubes Ltd., Faridabad

In the result, the appeal filed by the Revenue is dismissed

ITA 4401/DEL/2017[2013-14]Status: DisposedITAT Delhi18 Jan 2022AY 2013-14

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2013-14 Acit, Vs Jotindra Steel & Tubes Ltd., Central Circle-3, 14/3, Mathura Road, New Delhi. Village- Mewla Maharajpur, Faridabad. Pan: Aaacj1872C (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate & Shri Aditya Chhajed, Advocate Revenue By : Shri Surender Pal, Cit, Dr Date Of Hearing : 17.11.2021 Date Of Pronouncement : 18.01.2022 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 27Th April, 2017 Of The Cit(A)-23, New Delhi, Relating To Assessment Year 2013-14. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Manufacturing & Trading Of Steel/Tubes & Pipes & Erection Fabrication Work & Furnace Unit. It Filed Its Return Of Income 12.09.2015 Declaring The Total Income At Rs.1,52,26,930/-. A Search & Seizure Proceedings U/S 132 Of The It Act Was Conducted In The Case Of M/S Mauria Udyog Ltd. & Its Group Concerns Including The Assessee & Residential/Factory Premises Of The Partners, Directors & Proprietors Of The Group On 7Th August, 2013. In Response To The Notice U/S 153A Of The Act, The Assessee Filed The Return Of Income On 12Th September, 2015 Declaring An Income Of Rs.1,52,26,930/- Which Is The Same Income As Per The Original Return Of Income Filed.

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri Surender Pal, CIT, DR
Section 132Section 132(4)Section 153ASection 68