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

Prasanth Jain Vijayakumar, Chennai vs. DCIT, Central Circle-1(2), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1126/CHNY/2023[2020-21]Status: DisposedITAT Chennai13 Mar 2024AY 2020-21

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.1126/Chny/2023 िनधा"रण वष"/Assessment Year: 2020-21 Prasanth Jain Vijayakumar, Vs. The Deputy Commissioner Of 10/4, Kasi Chetty Lane, Sowcarpet, Income Tax, Chennai 600 079. Central Circle 1(2), Chennai 600 034. [Pan:Aaqpp7650M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.03.2024 घोषणा की तारीख /Date Of Pronouncement : 13.03.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-18, Chennai, Dated 28.07.2023 Relevant To The Assessment Year 2020-21. 2. Brief Facts Of The Case Are That The Assessee Filed His Original Return Of Income For The Assessment Year Under Consideration Admitting An Income Of ₹.4,88,690/-. A Search & Seizure Operation Under Section 132 Of The Income Tax Act, 1961 [“Act” In Short] Was Conducted At The Residential/Business Premises In The Case Of M/S. Golden Shelters Private

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 115BSection 132Section 143(2)Section 69A

Sri Lalit Kumar Todi, Kolkata vs. DCIT, CC-3(1), Kolkata

In the result, all appeals of the assessee are partly allowed

ITSSA 153/KOL/2023[2019-20]Status: DisposedITAT Kolkata12 Mar 2024AY 2019-20

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.(Ss)A. No. 151, 152 & 153/Kol/2023 Assessment Year: 2017-18, 2018-19 & 2019-20 Shri Lalit Kumar Todi Deputy Commissioner Of Income C/O M/S. Salarpuria Jajodia & Co. Vs Tax, Central Circle – 3(1), Kolkata 7, C.R. Avenue 3Rd Floor Kolkata - 700072 [Pan : Abrpt2881Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S. Jhajharia, A/R Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 16/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 12/03/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Of Evenly Dt. 17/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2017-18, 2018-19 & 2019-20. 2. As The Grounds Of Appeal Raised By The Assessee For All The Three Assessment Years Are Identical Except For Variance In Quantum, The Grounds Of Appeal For Assessment Year 2018-19 Are Extracted For Ready Reference:- “1. For That In View Of The Facts & In The Circumstances, The Ld. Cit(A) Erred In Holding That The Documents Seized In The Premises Of M/S South Calcutta Diesels Pvt. Ltd. I.E. Scdpl/13, Scdpl/14 & Scdpl/15 Are Incriminating Documents Pertaining To The Appellant Without Appreciating

For Appellant: Shri S. Jhajharia, A/RFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 153Section 250Section 69Section 69A

Sri Lalit Kumar Todi, Kolkata vs. DCIT, CC-3(1), Kolkata

In the result, all appeals of the assessee are partly allowed

ITSSA 152/KOL/2023[2018-19]Status: DisposedITAT Kolkata12 Mar 2024AY 2018-19

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.(Ss)A. No. 151, 152 & 153/Kol/2023 Assessment Year: 2017-18, 2018-19 & 2019-20 Shri Lalit Kumar Todi Deputy Commissioner Of Income C/O M/S. Salarpuria Jajodia & Co. Vs Tax, Central Circle – 3(1), Kolkata 7, C.R. Avenue 3Rd Floor Kolkata - 700072 [Pan : Abrpt2881Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S. Jhajharia, A/R Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 16/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 12/03/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Of Evenly Dt. 17/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2017-18, 2018-19 & 2019-20. 2. As The Grounds Of Appeal Raised By The Assessee For All The Three Assessment Years Are Identical Except For Variance In Quantum, The Grounds Of Appeal For Assessment Year 2018-19 Are Extracted For Ready Reference:- “1. For That In View Of The Facts & In The Circumstances, The Ld. Cit(A) Erred In Holding That The Documents Seized In The Premises Of M/S South Calcutta Diesels Pvt. Ltd. I.E. Scdpl/13, Scdpl/14 & Scdpl/15 Are Incriminating Documents Pertaining To The Appellant Without Appreciating

For Appellant: Shri S. Jhajharia, A/RFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 153Section 250Section 69Section 69A

Sri Lalit Kumar Todi, Kolkata vs. DCIT, CC-3(1), Kolkata

In the result, all appeals of the assessee are partly allowed

ITSSA 151/KOL/2023[2017-18]Status: DisposedITAT Kolkata12 Mar 2024AY 2017-18

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.(Ss)A. No. 151, 152 & 153/Kol/2023 Assessment Year: 2017-18, 2018-19 & 2019-20 Shri Lalit Kumar Todi Deputy Commissioner Of Income C/O M/S. Salarpuria Jajodia & Co. Vs Tax, Central Circle – 3(1), Kolkata 7, C.R. Avenue 3Rd Floor Kolkata - 700072 [Pan : Abrpt2881Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S. Jhajharia, A/R Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 16/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 12/03/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Of Evenly Dt. 17/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2017-18, 2018-19 & 2019-20. 2. As The Grounds Of Appeal Raised By The Assessee For All The Three Assessment Years Are Identical Except For Variance In Quantum, The Grounds Of Appeal For Assessment Year 2018-19 Are Extracted For Ready Reference:- “1. For That In View Of The Facts & In The Circumstances, The Ld. Cit(A) Erred In Holding That The Documents Seized In The Premises Of M/S South Calcutta Diesels Pvt. Ltd. I.E. Scdpl/13, Scdpl/14 & Scdpl/15 Are Incriminating Documents Pertaining To The Appellant Without Appreciating

For Appellant: Shri S. Jhajharia, A/RFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 153Section 250Section 69Section 69A