Section 69A of the Income Tax Act

Income-tax Act, 2025: s.104

Section 69A of the Income-tax Act, 1961 corresponds to section 104 (Unexplained asset) of the Income-tax Act, 2025.

Read section 104 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 69A is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 of the 15,297 judgments on BharatTax that turn on this section.

Leading authorities on Section 69A

Collector, Land Acquisition v. Mst. Katiji
167 ITR 471 · 1987 · Supreme Court
3,926
citing judgments

Delay in filing appeals, when supported by sufficient or justifiable cause, should be condoned with a liberal approach to ensure substantial justice. This principle prioritizes the cause of justice over mere technicalities.

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

Estate of Late Tukojirao Holkar v. CWT
223 ITR 480 · 1997 · High Court
2,040
citing judgments

A court or tribunal is not bound to answer a reference or adjudicate an appeal on its merits if the party at whose instance the proceeding is made fails to appear at the hearing or take necessary steps for its proper conduct.

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.
374 ITR 645 · 2015 · High Court
1,823
citing judgments

In Section 153A proceedings, the scope of assessment extends to abated proceedings, enabling an assessee to raise fresh legal claims that could have been made in regular assessment proceedings.

CIT v. Durga Prasad More
82 ITR 540 · 1971 · Supreme Court
1,579
citing judgments

Tax authorities must judge evidence using the test of human probabilities and consider the apparent as real until there are reasons to believe it is not. They can rely on circumstantial evidence and the preponderance of probabilities to determine the genuineness of transactions.

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.

PCIT v. Best Infrastructure (India) (P.) Ltd.
397 ITR 82 · 2017 · High Court
786
citing judgments

A statement recorded under Section 132(4) of the Income Tax Act, 1961, does not by itself constitute incriminating material for making additions to income.

Pullangode Rubber Produce Co. Ltd. v. State of Kerala
91 ITR 18 · 1973 · Supreme Court
666
citing judgments

Admissions, whether made through entries in account books or statements, are important pieces of evidence but are not conclusive. An assessee has the right to demonstrate that an admission made by them is incorrect or can be retracted.

Tin Box Company v. CIT
249 ITR 216 · 2001 · Supreme Court
624
citing judgments

When an issue is remitted to the Assessing Officer for fresh adjudication, the AO must conduct a de novo examination and provide the assessee a full opportunity of being heard. The assessee is bound to comply with the notices issued by the AO.

Judgments on Section 69A

Joint Commissioner of Income Tax(OSD), Subhash Road vs. Windlass Constructions, Rajpur Road

In the result, appeal of the Revenue is dismissed

ITA 33/DDN/2025[2017-18]Status: DisposedITAT Dehradun18 Feb 2026AY 2017-18

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year : 2017-18] Jcit (Osd) Vs Windlass Constructions Aaykar Bhawan, 53-R, Rajpur Road 13 A, Subhhash Road, Uttarakhand-248001 Uttarakhand Pan-Aabfw4972E Appellant Respondent Revenue By Shri A.S.Rana, Sr.Dr Assessee By Shri Varendra Kalra, Ca Date Of Hearing 10.12.2025 Date Of Pronouncement 18.02.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Revenue Against The Order Dated 19.12.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Cit(A), Dehradun/10687/2019-20 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 20.12.2019 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 A Partnership Firm & E-Filed Its Return Of Income On 31.10.2017, Declaring Loss Of Inr 4,61,33,210/-. The Case Was Selected For Scrutiny Under Cass For Various Reasons Where One Of The Reasons Was That Large Cash Was Deposited During Demonetization Period. The Assessee Has Deposited Cash Of Inr 2,40,32,000/- During The Demonetization Period For Which It Was Explained That The Immediate Source Was Out Of The Withdrawals Made Prior To The Deposits. Ao Observed That Cash Was Withdrawn For Business Activities & Were Spent & Therefore, The Source Of The Cash Remained Unexplained & Made The Addition U/S 69A As Unexplained Money & Invoked The Provision Of Section 115Bb Of The Act.

Section 115BSection 143(3)Section 250Section 69A

Income Tax Officer, Dehradun vs. Rakesh Mohan Verma, Dehradun

In the result, appeal of the Revenue is dismissed

ITA 122/DDN/2024[2017-18]Status: DisposedITAT Dehradun18 Feb 2026AY 2017-18

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year : 2017-18] Ito Vs Rakesh Mohan Verma Ward-1(1)(3) 144, Neshvilla Road, Aaykar Bhawan, Dehradun, Uttarakhand- 13 A, Subhhash Road, 248001 Uttarakhand Pan-Abbpvcv4728J Appellant Respondent Revenue By Shri A.S.Rana, Sr.Dr Assessee By Shri Amit Arora, Ca & Shri Vishal Mishra, Ca Date Of Hearing 09.12.2025 Date Of Pronouncement 18.02.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Revenue Against The Order Dated 15.05.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Cit(A) Dehradun/10729/2019-20 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 27.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Filed His Return Of Income, Declaring Total Income 10,94,900/-. The Case Of The Assessee Was Selected For Scrutiny Through Cass With The Issue “Large Cash Deposits Compared To Returned Income”. Notice U/S 143(2) Was Issued On 08.08.2018, Followed By Notices U/S 142(1) Issued From Time To Time. In Response, The Assessee Filed Replies & Produced All The Information & Supporting Documentary Evidences For Examination. The Ao Vide Order Dated 27.12.2019 Passed U/S 143(3) Of The Act Assessed The Income Of The Assessee At Inr 1,53,25,642/- Wherein Addition Of Inr 69,81,000/- Is Made As Unexplained Money U/S 69A Of The Act Towards The Bank Deposits & Further Inr 9,60,568/- Added As Unexplained Income Being Difference Between Deposits & Income Declared. Further An Addition Of Inr 62,89,172/- Is Made As One Fourth Payments Against Loan Repayment Of Rs.251,56,689/- Repaid From Undisclosed Sources U/S 69A Of The Act.

Section 142(1)Section 143Section 143(2)Section 143(3)Section 250Section 69A