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

Gaurav Tripathi, Gorakhpur vs. Dc/ACIT - 1, Gorakhpur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 187/VNS/2024[2015-2016]Status: DisposedITAT Varanasi30 Jun 2026AY 2015-2016

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Gaurav Tripathi, Vs Dc/Acit-1, 296, Rapti Nagar Phase 4, Gorakhpur Chargawan, Gorakhpur, (U.P.) 273001 Pan: Affpt3378G (Appellant) (Respondent) Assessee By: Sh. Sanchit Srivastava, Advocate Revenue By: Sh. Sabayasachi Chakraborty, Sr. Dr Date Of Hearing: 13.05.2026 Date Of Pronouncement: 30.06.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dated 28.08.2024, Passed Under Section 250 Of The Income Tax Act, 1961, Wherein The Ld. Cit(A) Has Partly Allowed The Appeal Of The Assessee Against The Orders Passed By The Assessing Officer Of The Assessment Year 2015-16 Under Section 147 R.W.S. 144 R.W.S. 144B Of The Income Tax Act, 1961 On 25.03.2023. The Grounds Of Appeal Are As Under:- “1. That The Order Of Ld. Cit Appeals Dated Was Not In Accordance Of Law & Facts & Was Not Justified In Making Addition Of Rs 11,05,466/- As Unexplained Investment U/S 69 Out Of Rs 64,21,943/-Which Was Made From Legal Sources. 2. That The Order Of Ld. Cit Appeals Was Not In Accordance Of Law & Facts & Was Not Justified In Calculating Tax On Income On Gross Salary Over Rs. 19,82,362/Instead Of Net Salary (After Deductions) On Rs. 14,29,810/-. 3. That The Penalty Proceeding Under Section 271 (1) (C). 271 (1) (B) Maybe Stayed, Till The Disposal Of This Appeal.

For Appellant: Sh. Sanchit Srivastava, AdvocateFor Respondent: Sh. Sabayasachi Chakraborty, Sr. DR
Section 133(6)Section 147Section 148Section 148ASection 250Section 271Section 271(1)(c)Section 69

Manisha Sureshchandra Rajdev, Rajkot vs. Income Tax Officer, Ward 1(2)(1), Rajkot

ITA 254/RJT/2026[2019-20]Status: DisposedITAT Rajkot30 Jun 2026AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 254/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2019-20) Manish Sureshchandra Rajdev Income Tax Office Ward 1(2)1, Yogesh Kunj 3/1, Hansraj Nagar, Vs. It Office New Aayakar Behind Mahadev Temple, Near Bhavan, Vatiaka Rajkot Junction Plot, Rajkot Gujrat Gujrat 360001 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aiwpr3086P (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Gopi Nath Chubey, Ld. Sr. Dr Date Of Hearing : 23/06/2026 30/06/2026 Date Of Pronouncement : Order Per, Shri Sonjoy Sarma, Jm: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2019-20, 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 19.12.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 Of The Act, Dated 12.03.2024. Ita No.254/Rjt/2026 [ Ay 2019-20 ] Manish Sureshchandra Rajdev V. Ito

For Appellant: Shri Vimal Desai, Ld. ARFor Respondent: Shri Gopi Nath Chubey, Ld. Sr. DR
Section 115BSection 147Section 148Section 69

The Alice Green, Bareilly, Uttar Pradesh vs. DCIT/ ACIT-1, Central Circle, Bareilly, Uttar Pradesh

ITA 327/LKW/2025[2018-19]Status: DisposedITAT Lucknow30 Jun 2026AY 2018-19

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2018-19 The Alice Green, Vs Dcit/Acit, Central Circle- Dohra Road Near Mayfair Lawns, Bareilly Bareilly, U.P. Pan: Abgfm6047E (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 25.05.2026 Date Of Pronouncement: 30.06.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A)-3, Lucknow Dated 20.02.2025, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee That Was Filed Against The Orders Of The Ao Under Section 143(3) For The A.Y. 2018-19 On 8.04.2021. The Grounds Of Appeal Are As Under:- “Becuase The Assessment Order Dated 08.04.2021 Was Passed Without Issuing Show Cause Notice/Draft Assessment Order, Which Omission Is Fatal To The Survival Of The Assessment Order, Being In Complete Violation Of Provisions Of Clause (Xiv) Of Section 144B Of The Act & Consequently, The Id. "Cit(A)" Ought To Have Quashed The Assessment Order, Being Illegal, Bad In Law & Without Jurisdiction. Without Prejudice To Aforesaid 2.1 Because The Id. "Cit(A)" Has Erred In Law & On Facts In Upholding The Addition Of Rs. 88,00,000/- Made By Dc/Acit Central Circle -1, Bareilly By Treating The Expenditure Incurred On Construction Of Building As Unexplained Investment U/S 69 Of The Act.

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 133ASection 143(3)Section 144BSection 234BSection 271ASection 44ASection 69