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

Shantilal B. Parekh, Mumbai vs. Income Tax Officer-3(4), Kalyan

In the result, appeal of the assessee in ITA No

ITA 4262/MUM/2017[2010-11]Status: DisposedITAT Mumbai04 Feb 2019AY 2010-11

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.4261 & 4262/Mum/2017 (नििाारण वर्ा / Assessment Year : 2009-10 & 2010-11) बिाम/ Shri Shantilal B. Parekh Ito-3(4), Flat No. 24, 6Th Floor, 2Nd Floor, Rani Mansion, Gaurav Apt. , Murbad Road, V. Sarvoday Nagar, Kalyan(W)- 421301 Nahur Village Road, Mulund (W), Mumbai-400080 स्थायी ऱेखा सं./ Pan: Akcpp9255C Assessee By: Mr. Divendra H. Jain Revenue By : Shri. S.K Jain सुनवाई की तारीख /Date Of Hearing : 06.11.2018 घोषणा की तारीख /Date Of Pronouncement : 04.02.2019 आदेश / O R D E R Per Ramit Kochar: These Are Two Appeals, Filed By Assessee, Being Ita No. 4261 & 4262/Mum/2017 For Ay 2009-10 & 2010-11 Respectively , Are Directed Against Common Appellate Order Dated 29.03.2017 Passed By Learned Commissioner Of Income Tax (Appeals)-1, Thane (Hereinafter Called “The Cit(A)”) In Appeal No. 222 & 223/15-16, For Assessment Year’S 2009-10 & 2010-11 Respectively, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Separate Assessment Order(S) Both Dated 19.01.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 144 R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2009-10 & 2010-11 Respectively. Since Both These Appeals Raises Similar Issues & Common Grounds

For Appellant: Mr. Divendra H. JainFor Respondent: Shri. S.K Jain
Section 144Section 148Section 44A

Shantilal B Parekh, Mumbai vs. Income Tax Officer- 3(4), Mumbai

In the result, appeal of the assessee in ITA No

ITA 4261/MUM/2017[2009-10]Status: DisposedITAT Mumbai04 Feb 2019AY 2009-10

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.4261 & 4262/Mum/2017 (नििाारण वर्ा / Assessment Year : 2009-10 & 2010-11) बिाम/ Shri Shantilal B. Parekh Ito-3(4), Flat No. 24, 6Th Floor, 2Nd Floor, Rani Mansion, Gaurav Apt. , Murbad Road, V. Sarvoday Nagar, Kalyan(W)- 421301 Nahur Village Road, Mulund (W), Mumbai-400080 स्थायी ऱेखा सं./ Pan: Akcpp9255C Assessee By: Mr. Divendra H. Jain Revenue By : Shri. S.K Jain सुनवाई की तारीख /Date Of Hearing : 06.11.2018 घोषणा की तारीख /Date Of Pronouncement : 04.02.2019 आदेश / O R D E R Per Ramit Kochar: These Are Two Appeals, Filed By Assessee, Being Ita No. 4261 & 4262/Mum/2017 For Ay 2009-10 & 2010-11 Respectively , Are Directed Against Common Appellate Order Dated 29.03.2017 Passed By Learned Commissioner Of Income Tax (Appeals)-1, Thane (Hereinafter Called “The Cit(A)”) In Appeal No. 222 & 223/15-16, For Assessment Year’S 2009-10 & 2010-11 Respectively, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Separate Assessment Order(S) Both Dated 19.01.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 144 R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2009-10 & 2010-11 Respectively. Since Both These Appeals Raises Similar Issues & Common Grounds

For Appellant: Mr. Divendra H. JainFor Respondent: Shri. S.K Jain
Section 144Section 148Section 44A

Swapnendu Mishra, Purba Medinipur vs. JCIT, Range-Haldia, Purba Medinipur

Appeal is partly allowed in above terms

ITA 1610/KOL/2016[2011-12]Status: DisposedITAT Kolkata30 Jan 2019AY 2011-12

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2011-12 Swapnendu Mishra V/S. Jcit, Range-Haldia Kumarpur, Contai, Purba Basudevpur, Khanjanchak, Medinipur-721401 Haldia, Puurba Medinipur- [Pan No.Aeypm 6194 B] 721604 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Soumitra Choudhury, Advocate अपीलाथ" क" ओर से/By Appellant Shri Sourav Kumar, Addl. Cit-Sr-Dr ""यथ" क" ओर से/By Respondent 14-01-2019 सुनवाई क" तार"ख/Date Of Hearing 30-01-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2011-12 Arises Against The Commissioner Of Income Tax (Appeals)-7, Kolkata’S Order Dated 30.05.2016, Passed In Case No.549/Cit(A)-7/Range-27/14-15, In Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. 2. We Notice At The Outset That The Instant Appeal Suffers From 12 Days’ Delay In Filing. The Assessee Has Placed On Record His Condonation Petition / Affidavit Dated 05.08.2016 Attributing Reasons Thereof To Lack Of Proper Documentation & Necessary Instructions With The Arguing Counsel Within The Limitation Prescribed. Learned Departmental Representative Is Very Fair In Not Disputing Correctness Of These Solemn Averments. We Therefore Condone The Impugned 12 Days Delay In Filing Of The Instant Appeal As Neither Intentional Nor Deliberate. The Case Is Now Taken Up For Adjudication On Merits. Heard Both The Parties. Case File Perused.

Section 143(3)