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

Shradha Dhawan, Delhi vs. ITO Ward-58(3), Delhi

In the result, appeal of the assessee is partly allowed

ITA 5204/DEL/2024[2017-18]Status: DisposedITAT Delhi15 Apr 2025AY 2017-18

Bench: Shri Vikas Awasthyआअसं.5204/िद"ी/2024(िन.व. 2017-18) Shradha Dhawan, 84, Ram Vihar, Delhi 110092 ...... अपीलाथ"/Appellant Pan: Bjepg-9626-A बनाम Vs. Income Tax Officer, Ward-58(3) ..... "ितवादी/Respondent Vikas Bhawan, Delhi 110002 अपीलाथ" "ारा/ Appellant By : S/Shri K. Sampath & Harshit Chauhan, Advocates "ितवादी "ारा/Respondent By : Shri Sanjay Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 16/01/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 15/04/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 14.10.2024, For Assessment Year 2017-18. 2. Shri K. Sampath Appearing On Behalf Of The Assessee Submitted At The Outset That He Is Not Pressing Ground No. 1 Of Appeal Assailing Proceedings U/S. 147/148 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’). 3. The Ld. Counsel For The Assessee Further Submits That The Solitary Addition Made By Assessing Officer (Ao) Is With Regard To Alleged Accommodation Entries Amounting To Rs.35,00,000/- From M/S. Olwin Garments P. Ltd. During The Period

For Appellant: S/Shri K. Sampath & Harshit Chauhan, AdvocatesFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 147Section 69A

Lalrochuanga Pachuau, Aizawl vs. Income Tax Officer, Ward-30(5), Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed on ground of jurisdiction alone

ITA 3600/DEL/2024[2017-18]Status: DisposedITAT Delhi15 Apr 2025AY 2017-18

Bench: Shri Vikas Awasthyआअसं.3600/िद"ी/2024 (िन.व. 2017-18) Lalrochuanga Pachuau, House No. 68, Zarkawt South, Near Lps Building, Aizwal, Mizoram 796001 ...... अपीलाथ"/Appellant Pan: Bqipp-4992-D बनाम Vs. Income Tax Officer, Ward-30(5) Civic Centre, Minto Road, ..... "ितवादी/Respondent New Delhi 110002 अपीलाथ" "ारा/ Appellant By : None "ितवादी "ारा/Respondent By : Shri Sanjay Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 16/01/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 15/04/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 10.06.2024, For Assessment Year 2017-18. 2. A Perusal Of Assessment Order Reveals That For The Assessment Year 2017-18 No Return Of Income Was Filed By The Assessee. During The Period Relevant To Assessment Year Under Appeal, The Assessee Had Made Cash Deposits Amounting To Rs.24,12,500/- In His Axis Bank Account With Aizwal Branch, Mizoram. Notice U/S. 142(1) Of The Income Tax Act, 1961(Hereinafter Referred To As ‘The Act’) Dated

For Appellant: NoneFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 10(26)Section 142(1)Section 144Section 69A