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

Naved Mohd Saeed Qazi, Mumbai vs. Income Tax Officer Ward 27(2)(4) ., Mumbai

The appeal of the assessee is allowed for statistical purposes

ITA 513/MUM/2024[2017-18]Status: DisposedITAT Mumbai29 Jul 2024AY 2017-18

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 513/Mum/2024 (A.Y. 2017-18) Naved Mohd Saeed Qazi Vs. Ito, Ward 11 Bit Block No. 5 27(2)(4) I.R. Road, Near J.J. Tower No. 6 Hospital, Mumbai-400 003. Vashi Railway Station, Vashi Pan : Aacpq6265D Navi Mumbai 400 703. (Appellant) (Respondent) Assessee By Shri Hasan Khan Department By Shri R.R. Makwana Date Of Hearing 10.06.2024 Date Of Pronouncement 29.07.2024 O R D E R 1. This Appeal Is Filed By The Assessee For Assessment Year 2017 – 18 Against The Appellate Order Passed By The Additional Commissioner/Joint Commissioner (Appeals) – 1, Jaipur (The Learned Cit – A) Dated 7/12/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143 (3) Of The Income Tax Act, 1961 (The Act) Dated 22/12/2019 Passed By The Income Tax Officer Ward 27 (2) (4), Mumbai (The Learned Ao Was Dismissed. Therefore, The Assessee Is In Appeal Before Us. 2. The Brief Fact Of The Case Shows That The Assessee Filed Its Return Of Income Declaring Total Income Of Rs. 3 & 42,740/– & 19/7/2017. This Return Of Income Was Processed Under Section 143 (1) Of The Act. Subsequently Return Of Income Was Selected For Scrutiny To Verify The Credit Card Payments. Therefore, The Notice Under Section 143 (2) Was Issued On 16/8/2018. Further Notices Were Issued Under Section 142 (1) Of The Act However There Is No Response. The Learned Ao Noted That Assessee Has Made A Payment Of Rs. 865,441 In Cash To The Three

Section 142Section 143Section 69A

Income Tax Officer, Ward-1(3)(1), Ahmedabad vs. Rajeshkumar Theophilbhai Christie, Ahmedabad

In the result, appeal preferred by the Revenue is allowed for statistical purposes

ITA 965/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad25 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 965/Ahd/2023 (िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2017-18) िनधा"रण वष" िनधा"रण वष" Income Tax Officer Rajeshkumar बनाम बनाम/ बनाम बनाम Ward – 1(3)(1), Theophilbhai Christie Vs. Ahmedabad F-1, Delhiwala Block, Gayakwad Haveli, Raikhad, Ahmedabad, Gujarat, 380001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Akapc0179L (Appellant) .. (Respondent) Dr. Darsi Suman Ratnam, Cit.Dr अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : None 16/07/2024 Date Of Hearing Date Of Pronouncement 25/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Revenue Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 13.10.2023 For The Assessment Year 2017-18. 2. The Brief Facts Of The Case Are That An Information Was Received That The Assessee Had Deposited Cash Of Rs.12,82,000/- In Development Credit Bank Ltd., Vejalpur, Ahmedabad During

For Respondent: None
Section 133(6)Section 142(1)Section 144Section 69A