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

Bk Garden Fresh Private Ltd., Kolkata vs. ITO, Ward 7(1), Kolkata

In the result, the appeal of the assessee is allowed on the two issues as discussed above and allowed on the third issue for statistical purposes

ITA 545/KOL/2025[2017-18]Status: DisposedITAT Kolkata18 Nov 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2017-18 Bk Garden Fresh Pvt. Ltd.……………………………………….……….……Appellant 12, Ramlochan Mullick Street, Kol-700007. [Pan: Aafcb6953P] Vs. Ito, Ward-7(1), Kolkata..………………………………….....……...…..…..Respondent Appearances By: Shri N. S. Saini, Ar & Satyaki Mondal, Ca, Appeared On Behalf Of The Appellant. Shri Subrata Aich, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 15, 2025 Date Of Pronouncing The Order : November 18, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 10.02.2025 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2017–18. 2. Brief Facts Of The Case Are That The Assessee Filed Return Of Income Declaring Total Income Of Rs.10,31,194/-. The Case Of The Assessee Was Selected For Complete Scrutiny Specifically On The Ground Of Large Cash Deposits During Demonetisation Period. Notices U/S 143(2) & 142(1) Along With Questionnaire Were Issued & After Considering The Submissions & Details Submitted By The Assessee, The Assessing Officer Assessed Total Income At Rs.90,47,322/- After Making The Following Additions: Bk Garden Fresh Pvt. Ltd 1. Bad Debts Rs.90,006/- 2. Cash Discount Rs.95,622/- 3. Charity & Donation Rs.50,500/- 4. Disallowed On Cash Deposits At Rs.77,80,000/- U/S 69A

Section 143(2)Section 250Section 36(1)(vii)Section 69A

Kalna Regulated Market Committee(Presently Purba Burdwan Zilla Regulated Market Committee), Burdwan vs. ITO, Ward 1(1), Burdwan

In the result, all the captioned appeals of the assessee are allowed

ITA 1348/KOL/2025[2018-2019]Status: DisposedITAT Kolkata18 Nov 2025AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1346 To 1348/Kol/2025 Assessment Year: 2018-19 Kalna Regulated Market Committee ………………………….……….……Appellant (Presently Purba Burdwan Zilla Regulated Market Committee), Poddar Commercial Complex (1St Floor), Purbasha Bus Stand, Alisha, Burdwan, Wb -713103. [Pan: Aaajk1202A] Vs. Ito, Ward-1(1), Burdwan..………………………………….....……...…..…..Respondent Appearances By: Shri Subham Bera, Ar, Appeared On Behalf Of The Appellant. Shri Pankaj Pandey, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 12, 2025 Date Of Pronouncing The Order : November 18, 2025 Order Per Pradip Kumar Choubey: The Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders All Dated 21.01.2025 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2018–19. Ita No.1346/Kol/2025 Is Pertaining To The Quantum Addition & Ita Nos.1347 & 1348/Kol/2025 Are Relaying To Levying Of Penalty U/S 271Aac(1) & 270A Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. 2. At The Outset, It Reveals That The Captioned Appeals Have Been Filed After A Delay Of 84 Days & For The Said Delay, The Assessee Has Filed Condonation Petitions. We Find That The Reasons Cited In The Petition For

Section 133(6)Section 144Section 147Section 250Section 271ASection 69A

Kalna Regulated Market Committee (Presently Purba Burdwan Zilla Regulated Market Committee), Burdwan vs. ITO, Ward 1(1), Burdwan

In the result, all the captioned appeals of the assessee are allowed

ITA 1347/KOL/2025[2018-2019]Status: DisposedITAT Kolkata18 Nov 2025AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1346 To 1348/Kol/2025 Assessment Year: 2018-19 Kalna Regulated Market Committee ………………………….……….……Appellant (Presently Purba Burdwan Zilla Regulated Market Committee), Poddar Commercial Complex (1St Floor), Purbasha Bus Stand, Alisha, Burdwan, Wb -713103. [Pan: Aaajk1202A] Vs. Ito, Ward-1(1), Burdwan..………………………………….....……...…..…..Respondent Appearances By: Shri Subham Bera, Ar, Appeared On Behalf Of The Appellant. Shri Pankaj Pandey, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 12, 2025 Date Of Pronouncing The Order : November 18, 2025 Order Per Pradip Kumar Choubey: The Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders All Dated 21.01.2025 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2018–19. Ita No.1346/Kol/2025 Is Pertaining To The Quantum Addition & Ita Nos.1347 & 1348/Kol/2025 Are Relaying To Levying Of Penalty U/S 271Aac(1) & 270A Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. 2. At The Outset, It Reveals That The Captioned Appeals Have Been Filed After A Delay Of 84 Days & For The Said Delay, The Assessee Has Filed Condonation Petitions. We Find That The Reasons Cited In The Petition For

Section 133(6)Section 144Section 147Section 250Section 271ASection 69A

Kalna Regulated Market Committee (Presently Purba Burdwan Zilla Regulated Market Committee), Burdwan vs. ITO, Ward 1(1), Burdwan

In the result, all the captioned appeals of the assessee are allowed

ITA 1346/KOL/2025[2018-2019]Status: DisposedITAT Kolkata18 Nov 2025AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1346 To 1348/Kol/2025 Assessment Year: 2018-19 Kalna Regulated Market Committee ………………………….……….……Appellant (Presently Purba Burdwan Zilla Regulated Market Committee), Poddar Commercial Complex (1St Floor), Purbasha Bus Stand, Alisha, Burdwan, Wb -713103. [Pan: Aaajk1202A] Vs. Ito, Ward-1(1), Burdwan..………………………………….....……...…..…..Respondent Appearances By: Shri Subham Bera, Ar, Appeared On Behalf Of The Appellant. Shri Pankaj Pandey, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 12, 2025 Date Of Pronouncing The Order : November 18, 2025 Order Per Pradip Kumar Choubey: The Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders All Dated 21.01.2025 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2018–19. Ita No.1346/Kol/2025 Is Pertaining To The Quantum Addition & Ita Nos.1347 & 1348/Kol/2025 Are Relaying To Levying Of Penalty U/S 271Aac(1) & 270A Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. 2. At The Outset, It Reveals That The Captioned Appeals Have Been Filed After A Delay Of 84 Days & For The Said Delay, The Assessee Has Filed Condonation Petitions. We Find That The Reasons Cited In The Petition For

Section 133(6)Section 144Section 147Section 250Section 271ASection 69A