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

Anantapur District Co-Operative Staff Co-Operative Society Limited, Anantapur vs. ITO., Ward-1, Anantapur

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 1142/HYD/2024[2016-17]Status: DisposedITAT Hyderabad04 Mar 2025AY 2016-17

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdiaआ.आआआ.आआ /Ita No.1142/Hyd/2024 (आआआआआआआआ आआआआ/Assessment Year:2016-17) M/S. Anantapur District Co- Income Tax Officer, Vs. Ward-1, Anantapur. Operative Staff Co-Operative Society Limited, Anantapur. Pan:Aaeaa0133B (Appellant) (Respondent) आआआआआआआआआआ आआआआआआ/Assessee Dr. D. Harish Chandra Rama, Ca By: आआआआआआ आआआआआआ/Revenue By: Dr. Sachin Kumar, Sr-Dr आआआआआआ आआ आआआआआ/Date Of 24/02/2025 Hearing: आआआआआ आआ 04/03/2025 आआआआआ/Pronouncement: आआआआ/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By M/S. Anantapur District Co-Operative Staff Co-Operative Society Limited (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Dated 05.09.2024 For The A.Y. 2016-17. 2. The Facts Of The Case Are That The Assessee Is An Association Of Persons (“Aop”), Not Filed Any Return Of Income (“Roi”) U/S.139 Of The Income Tax Act, 1961 ('The Act'). From The Information

For Respondent: Dr. Sachin Kumar, SR-DR
Section 139Section 143(2)Section 147Section 148Section 148ASection 69ASection 80P

Sajjan India Limited, Mumbai vs. DCIT-8(1)(2), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 3100/MUM/2024[2012-13]Status: DisposedITAT Mumbai04 Mar 2025AY 2012-13

Bench: Ms. Kavitha Rajagopal, Jm & Shri. Girish Agrawal, Am Sajjan India Limited Deputy Commissioner Of Income Urmi Estate, Tower A, 14Th Floor, 95, Tax 8(1)(2) Ganapatrao Kadam Marg, Lower Parel, Aayakar Bhavan, Mumbai -400020. Vs. West, Mumbai Delisle Road, S. O. Mumbai – 400013. Pan/Gir No. Aaacs6498M (Assessee) : (Respondent) Assessee By : Shri. S. J. Jain Respondent By : Shri. Ram Krishn Kedia (Sr. Dr.) Date Of Hearing : 06.12.2024 Date Of Pronouncement : 04.03.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal Including The Legal Grounds, Challenging The Validity Of The Notice Issued U/S. 148 Of The Act, Which Are As Follows: “1. The Ld. Commissioner Of Income Tax (Appeals) Erred In Upholding Validity Of Notice U/S.148 Merely Based On Information Received From Dcit, Central Circle 1 (4), Ahmedabad, Alleging Cash Payment By The Appellant Company On Booking Of Office With M/S. Goyal Safal Developers On 3-12-2011, Although Fact Of Payment Not Supported By Any Material Available On Record.

For Appellant: Shri. S. J. JainFor Respondent: Shri. Ram Krishn Kedia (Sr. DR.)
Section 132ASection 143(3)Section 147Section 148Section 250Section 69A