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

Sonalben Sanjaysinh Vihol, Ahmedabad vs. The Income Tax Officer, Ward-1, Patan

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

ITA 1828/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad28 Aug 2025AY 2016-17

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1827/Ahd/2024 & 1828/Ahd/2024 िनधा"रण वष" /Assessment Years : 2014-15 & 2016-17 Respectively Sonalben Sanjaysinh Vihol The Income Tax Officer बनाम/ C/31, Ishan Residency Ward-1, V/S. R C Technical Road Patan – 384 265 Ghatlodia Ahmedabad – 380 061 (Gujarat) "थायी लेखा सं./Pan: Alxpv 4350 Q (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Chirag Shah, Ar Revenue By : Shri Abhijit, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 20/08/2025 घोषणा की तारीख /Date Of Pronouncement: 28/08/2025 आदेश/O R D E R Per Sanjay Garg: Both The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Of Even Date 30/07/2024 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2014-2015 & 2016-17. Ita Nos.1827 & 1828/Ahd/2024 Sonalben Sanjaysinh Vihol Vs. Ito Asst.Year: 2014-15 & 2016-17

For Appellant: Shri Chirag Shah, ARFor Respondent: Shri Abhijit, Sr.DR
Section 144Section 250Section 69A

Sonalben Sanjaysinh Vihol, Ahmedabad vs. The Income Tax Officer, Ward-1, Patan

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

ITA 1827/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad28 Aug 2025AY 2014-15

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1827/Ahd/2024 & 1828/Ahd/2024 िनधा"रण वष" /Assessment Years : 2014-15 & 2016-17 Respectively Sonalben Sanjaysinh Vihol The Income Tax Officer बनाम/ C/31, Ishan Residency Ward-1, V/S. R C Technical Road Patan – 384 265 Ghatlodia Ahmedabad – 380 061 (Gujarat) "थायी लेखा सं./Pan: Alxpv 4350 Q (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Chirag Shah, Ar Revenue By : Shri Abhijit, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 20/08/2025 घोषणा की तारीख /Date Of Pronouncement: 28/08/2025 आदेश/O R D E R Per Sanjay Garg: Both The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Of Even Date 30/07/2024 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2014-2015 & 2016-17. Ita Nos.1827 & 1828/Ahd/2024 Sonalben Sanjaysinh Vihol Vs. Ito Asst.Year: 2014-15 & 2016-17

For Appellant: Shri Chirag Shah, ARFor Respondent: Shri Abhijit, Sr.DR
Section 144Section 250Section 69A

Santosh Bhairu Bhilare, Mumbai vs. Assessing Officer, Income Tax Department

Accordingly, in the facts and the circumstances of the present case, addition of Rs.1,17,71,000/- made by the ld. AO under s. 69A of the Act is deleted. Grounds raised by the assessee are allowed

ITA 346/MUM/2025[2017-18]Status: DisposedITAT Mumbai28 Aug 2025AY 2017-18

Bench: Smt. Beena Pillai & Shri Girish Agrawalassessment Year: 2017-18 Santosh Bhairu Bhilare Assessing Officer, 10/60 Kamathipura, Mumbai 5Th Lane, Mumbai Central, Vs. Mumbai – 400008 (Pan: Aivpb3382M) (Appellant) (Respondent) Present For: Assessee : Shri Vinay Chopda, Ca Revenue : Shri Arun Kanti Datta, Cit Dr Date Of Hearing : 01.07.2025 Date Of Pronouncement : 28.08.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit (A), National Faceless Appeal Centre (Nfac), Delhi, Vide Order No. Itba/Nfac/S/250/2024-25/1065661493(1), Dated 14.06.2024 Passed Against The Assessment Order By Ward 20(3)(2), Mumbai, U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 20.12.2019, For Assessment Year 2017-18. 2. Grounds Taken By The Assessee Are As Under: “The Learned Assessing Officer Is Not Justified In Estimating The Income Of Rs. 1,17,71,000/- As Part Of The Total Income Of The Appellant For The Assessment Year 2017- 18 By Treating The Same As Unexplained Cash Credit Under Section 69A Of The Income Tax Act, 1961. The Total Assessed Income Has Been Taxed Under Section 115Bbe Of The Act At A Rate Of 60% & Penalty Proceedings Have Been Initiated Under Section 271Aac In Respect Of The Alleged Unexplained Income. The Appellant Has Provided Sufficient Evidence To Substantiate The Source Of These Cash Deposits, Including:

For Appellant: Shri Vinay Chopda, CAFor Respondent: Shri Arun Kanti Datta, CIT DR
Section 115BSection 133(6)Section 143(3)Section 271ASection 69A