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

Rasid Khan, Bhubaneswar vs. ITO, Ward-1(4), Bhubaneswar

In the result, appeal of the assessee is dismissed

ITA 77/CTK/2018[2008-09]Status: DisposedITAT Cuttack20 Jan 2020AY 2008-09

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.77/Ctk/2018 (नििाारण वषा / Assessment Year : 2008-2009) Mr.Rasid Khan, Vs. Ito, Ward-3(4), Flat No.A-3/5, Bhubaneswar Chandrama Apartment, Unit-3, Kharvel Nagar, Bhubaneswar-751001 स्थायी लेखा सं./Panno. : Aefpk 0922 A (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Natabar Panda, Advocate िाजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Dr सुनवाई की तािीख / Date Of Hearing : 19/11/2019 घोषणा की तािीख/Date Of Pronouncement : 20/01/2020 आदेश / O R D E R Per L.P.Sahu, Am: This Appeal Filed By The Assessee Against The Order Of Cit(A)-2, Bhubaneswar, Dated 10.11.2017 For Assessment Year 2008-2009, On The Following Grounds :- 1) For That The Orders Of The Forums Below Are Illegal, Arbitrary, Unjust & Excessive In The Facts & Circumstances Of The Case. 2) For That The Learned Cit(A) Should Have Allowed The Appeal In Full, But In Twisting The Facts He Has Allowed The Appeal In Part, Which Is Liable To Be Modified/Set-Aside. 3) For That The Appellant Has Got Sufficient Source To Explain The Investment Of Rs.25,78,715/-,But The First Cit(A) Allowed Rs.5,00,000/- & Second Cit(A) Allowed Rs. 12,38,363, Thus Totaling Rs.17,38,363/-, Hence The Balance Rs.8,40,352/- Being Explainable Should Be Allowed In Toto. 4) For That Out Of Total Addition Of Rs.20,75,715/-, Which Remained For Consideration Of The Learned Cit(A), He Allowed Only Rs.12,38,363/- Although All The Material Facts Were Before Him, Hence For Explaining The Balance Of Rs.8,40,352/- The Appeal Is Liable To Be Set-Aside.

For Appellant: Shri Natabar Panda, AdvocateFor Respondent: Shri Subhendu Dutta, DR
Section 142(1)Section 147Section 148Section 69

Partha Chatterjee, Hooghly vs. ACIT, Circle - 1, Hooghly

Appeal is allowed

ITA 1015/KOL/2018[2009-10]Status: DisposedITAT Kolkata17 Jan 2020AY 2009-10

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godaraassessment Year: 2009-10 Partha Chatterjee Acit, Circle-1, Hg बनाम C/O S.N.Ghosh & Aaykar Bhawan, G.T. / Associates, Advocates’ V/S. Road, Khadina More,P.O. “Seven Brotherrs’ Lodge” Chinsurah, P.S.Chinsurah, P.O.Buroshibtala, Dist. Hooghly, Pin-712101 P.S.Chinsurah, Dist.Hooghly, Pin-712105 [Pan No.Acepc 8818 Q] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Somnath Ghosh, Advocate अपीलाथ" क" ओर से/By Appellant Altaf Husain, Jcit-Dr ""यथ" क" ओर से/By Respondent 19-02-2019 सुनवाई क" तार"ख/Date Of Hearing 17-01-2020 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2009-10 Arises Against The Commissioner Of Income Tax (Appeals)-6, Kolkata’S Order Dated 28.02.2018 Passed In Case No.360/Cit(A)-6/Kol/2014-15, Involving Proceedings 154 Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File(S) Perused. 2. The Assessee’ Pleadings Raised In The Instant Case Seeks To Reverse Both The Lower Authorities’ Action Disallowing / Adding Cost Of Construction Amounting To ₹27,88,995/- In Exercise Of Their Rectification Jurisdiction Vested U/S. 154 Of The Act. The Cit(A)’S Detailed Discussion To This Effect Reads As Under:-

Section 143(3)Section 154

V. Ravikumar, Bangalore vs. Income Tax Officer, Ward -3(2)(4), Bangalore

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

ITA 767/BANG/2019[2014-15]Status: DisposedITAT Bangalore10 Jan 2020AY 2014-15

Bench: Shri A. K. Garodiaassessment Year : 2014-15 Shri. V. Ravikumar, Vs. The Income Tax Officer, No.139, Balaji Layout, Ward – 3(2)(4), Subramanyapura Post, Bengaluru. Opp. Simhadri Layout, Bengaluru – 560 085. Pan : Bbepr 3801 C Appellant Respondent Assessee By : Shri. H. Guruswamy, Itp Revenue By : Shri. Ganesh R. Ghale, Advocate Standing Counsel To Department Date Of Hearing : 11.11.2019 Date Of Pronouncement : 10.01.2020 O R D E R This Appeal Is Filed By The Assessee & The Same Is Directed Against The Order Of The Learned Cit(A)-3, Bangalore Dated 26.02.2019 For Assessment Year 2014-15. 2. The Grounds Raised By The Assessee Are As Under:- 1. The Impugned Appellate Order Dated: 26-02-2019 Passed By The Ld. Cit(A), Bangalore-3 Is Opposed To Law, Facts & Circumstances Of The Case. 2. The Ld. Cit(A) Has Erred In Holding A Sum Of Rs. I,39.817/-As Income Being 8% On The Understated Turnover Of Rs. 17,47,712/- Which Resulted In Enhancement Of Assessment Without Issuing A Notice U/S. 251(2) Of The Act. 3. The Ld. Cit(A) Has Erred In Confirming The Addition Of Rs.10,29,000/- Being The Cash Deposited Into The Bank Without Appreciating The Facts & Circumstances Of The Case. Page 2 Of 6 4. The Ld. Cit(A) Has Erred In Confirming The Addition Of Rs. 25,65,000/- As Unexplained Investment Without Appreciating The Facts & Circumstances Of The Case. 5. The Appellant Craves Leave To Add, Alter, Amend & Delete Any Of The Grounds At The Time Of Hearing

For Appellant: Shri. H. Guruswamy, ITPFor Respondent: Shri. Ganesh R. Ghale, Advocate
Section 251(2)Section 8O