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

Aristro Fincorp Pvt. Ltd., Kolkata vs. ITO, Ward-4(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 364/KOL/2025[2014]Status: DisposedITAT Kolkata21 May 2025

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.364/Kol/2025 Assessment Year: 2014-15 Aristro Fincorp Pvt. Ltd………………………………………...….……….Appellant 21, Parsee Church Street, Opp. 18 Ezra Street, Kol-1. [Pan: Aaecs0680H] Vs. Ito, Ward-4(3), Kolkata.………….....................……........……...…..…..Respondent Appearances By: Shri Siddharth Agrawal, Advocate, Appeared On Behalf Of The Assessee. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 15, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee For The Assessment Year 2014-15 Is Directed Against The Order Dated 16.12.2024 Passed By The Ld. Commissioner Of Income-Tax, Appeals, Nfac, Delhi [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’]. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income On 30.09.2014 For The Assessment Year 2014-15 By Declaring Total Income Of Rs.4,51,050/-. The Case Of The Assessee Was Reopened U/S 147 Of The Act As The Information Received From The Dgit(Inv.), Mumbai Under Project Falcon Regarding Coordinated & Premediated Trading On The Bombay Stock Exchange By Engaging In Reversal Trades In Illiquid Stock Options Resulting In Non-Genuine Business Loss/Gains To The Beneficiary Assessees & That The Present Assessee Is A Party To Such Manipulation. From The Data Made Available Under Project Falcon On The

Section 142(1)Section 144Section 147Section 148Section 271(1)(c)Section 69A

Ram Kaur Singh, Kolkata vs. Ward 30(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 359/KOL/2025[2017-18]Status: DisposedITAT Kolkata21 May 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.359/Kol/2025 Assessment Year: 2017-18 Ram Kaur Singh……..………………………………………...….……….Appellant 8, Mansarala Lane, Khiderpore, Kolkata – 700023. [Pan: Alhps2735G] Vs. Ito, Ward-30(1), Kolkata.………….....................……........……...…..…..Respondent Appearances By: Shri Navans Shah, Ca, Appeared On Behalf Of The Assessee. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 15, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee For The Assessment Year 2017-18 Is Directed Against The Order Dated 20.03.2024 Passed By The Ld. Commissioner Of Income-Tax, Appeals, Addl/Jcit(A)-2, Mumbai [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’]. 2. At The Outset, It Is Noted That There Is A Delay Of 264 Days In Filing The Instant Appeal Before The Tribunal. The Assessee Has Submitted An Application For Condonation Of Such Delay Explaining Reasons For The Delay. We, After Perusing The Petition Made In The Application, Satisfy That There Were Bona Fide & Sufficient Reasons For Such Delay. We, Therefore, Condone The Delay & Admit This Appeal For Adjudication. 3. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income On 11.01.2018 For The Assessment Year 2017- 18 By Declaring Total Income Of Rs.3,78,230/-. Subsequently, The Case Of

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

Link Tracom Private Limited, Kolkata vs. ITO, Ward 1(4), Kolkata

The appeal of the assessee is allowed

ITA 345/KOL/2025[2017-18]Status: DisposedITAT Kolkata21 May 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.345/Kol/2025 Assessment Year: 2017-18 Link Tracom Pvt. Ltd...………………………………………...….……….Appellant 3 Block B Room No.5, C R Avenue 1St Floor, Kolkata- 700072. [Pan: Aabcl5404H] Vs. Ito, Ward-1(4), Kolkata.………….....................……........……...…..…..Respondent Appearances By: Shri Sujit Basu & Rajeev Mukherjee, Advocates, Appeared On Behalf Of The Assessee. Smt. Archana Gupta, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 14, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee For The Assessment Year 2017-18 Is Directed Against The Order Dated 02.01.2025 Passed By The Ld. Commissioner Of Income-Tax, Appeals, Addl/Jcit(A)-3, Bengaluru [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’]. 2. Brief Facts Of The Case Are That The Assessee Is Filed Its Return Of Income On 20.12.2017 Electronically For The Assessment Year 2017-18 By Declaring Total Income Of Rs.13,66,139/-. The Return Was Duly Processed U/S 143(1) Of The Act. Subsequently, The Case Of The Assessee Was Reopened U/S 148 Of The Act With Reasons That The Assessee Deposited Cash Amounting To Rs.5,00,000/- During The Demonetization Period Commencing From 09.11.2016 To 31.12.2016. In Compliance To The Same, The Assessee Filed Its Return Of Income Declaring Total Income Of Rs.13,66,140/-. Thereafter, Statutory Notices U/S 142(1) & 143(2) Of The Act Were Issued To The Assessee & The Assessee Complied To The

Section 115BSection 142(1)Section 143(1)Section 148Section 271ASection 69Section 69A