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

Vivek Mittal, Faridabad vs. Income Tax Officer, Ward 2(5), Faridabad

In the result, the appeal of the assessee is partly allowed

ITA 4755/DEL/2025[2017-18]Status: DisposedITAT Delhi22 May 2026AY 2017-18

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2017-18] Vivek Mittal Vs Ito 3458 Ff, Sector-3, Ballabgarh, Ward-2(5) Faridabad, Haryana-121004. Faridabad, Haryana Pan-Ciypm6563Q Appellant Respondent Assessee By Shri Sanjay Kumar, Ca & Ms. Raj Kumari, Ca Revenue By Shri Rajesh Mahajan, Sr.Dr Date Of Hearing 02.03.2026 Date Of Pronouncement 22.05.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 11.07.2025 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Cit(A), Faridabad/10934/2019-20 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 25.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Engaged In The Business Of Money Transfer Agency Under The License Granted By Payments Service Providers Companies Like Ezspend Prepaid Payments Solutions Pvt. Ltd., Oxigen Service India Pvt. Ltd., Ebix Payments Services Pvt. Ltd. Etc. The Return Of Income Was Filed On 02.02.2018, Declaring Total Income Of Inr 3,19,351/-. The Case Was Selected For Scrutiny Through Cass For The Year Under Appeal To Verify The Source Of Cash Deposited During The Demonetization Period In Specified Bank Notes (“Sbn”). The Ao Observed That During The Year Under Appeal, The Assessee Has Deposited Cash Of Inr 9,22,87,000/- In The Bank Account Out Of Which 40,34,000/- Were Deposited In Sbn During Demonetization Period, Source Of Which Remained Unexplained Therefore, He Made The Addition Of Inr 40,34,000/- U/S 69 Of The Act. Besides This, Ao Has Estimated The Income Of The Assessee @ 2 % Of The Total Deposits In The Bank Account & Accordingly, Further Addition Of Inr 18,45,740/- Was Made.

Section 143(3)Section 250Section 69Section 69A

Radhey Construction, Sitapur vs. Income Tax Officer, Sitapur

In the result, both appeals of the assessee are partly allowed for statistical purposes

ITA 288/LKW/2026[2020-21]Status: DisposedITAT Lucknow22 May 2026AY 2020-21

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita Nos.287 & 288/Lkw/2026 ननिाारण वर्ा/ Assessment Years: 2019-20 & 2020-21 Radhey Construction V. Income Tax Officer Radhey Construction, Tehsil Sitapur, Sitapur-261001. Road, Biswan, Sitapur, Sitapur- 261201. Pan:Aamfr7303M अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Jitendra Kumar Yadav, Advocate प्रत्यर्थी कक और से /Respondent By: Shri Neil Jain, Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 04 05 2026 घोर्णा कक तारीख/ Date Of 22 05 2026 Pronouncement: O R D E R Per Kul Bharat.: These Two Appeals, By The Assessee Against Two Different Orders Passed By The Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi Common Order Dated 24.12.2025 Pertaining To The Assessment Years 2019-20 & 2020-21. For The Sake Of Convenience & Brevity, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up The Appeal Ita. No. 287/Lkw/2026, Pertaining To The A.Y. 2019-20 Is Taken As A Lead Case. The Assessee Has Raised Following Grounds Of Appeal: -

For Appellant: Shri Jitendra Kumar Yadav, AdvocateFor Respondent: Shri Neil Jain, CIT(DR)
Section 69

Radhey Construction, Sitapur vs. Income Tax Officer, Sitapur

In the result, both appeals of the assessee are partly allowed for statistical purposes

ITA 287/LKW/2026[2019-20]Status: DisposedITAT Lucknow22 May 2026AY 2019-20

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita Nos.287 & 288/Lkw/2026 ननिाारण वर्ा/ Assessment Years: 2019-20 & 2020-21 Radhey Construction V. Income Tax Officer Radhey Construction, Tehsil Sitapur, Sitapur-261001. Road, Biswan, Sitapur, Sitapur- 261201. Pan:Aamfr7303M अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Jitendra Kumar Yadav, Advocate प्रत्यर्थी कक और से /Respondent By: Shri Neil Jain, Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 04 05 2026 घोर्णा कक तारीख/ Date Of 22 05 2026 Pronouncement: O R D E R Per Kul Bharat.: These Two Appeals, By The Assessee Against Two Different Orders Passed By The Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi Common Order Dated 24.12.2025 Pertaining To The Assessment Years 2019-20 & 2020-21. For The Sake Of Convenience & Brevity, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up The Appeal Ita. No. 287/Lkw/2026, Pertaining To The A.Y. 2019-20 Is Taken As A Lead Case. The Assessee Has Raised Following Grounds Of Appeal: -

For Appellant: Shri Jitendra Kumar Yadav, AdvocateFor Respondent: Shri Neil Jain, CIT(DR)
Section 69