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

Shri. James Kochappu Kolenchery, Canada vs. ACIT, International Taxation, Trivandrum

In the result, the assessee’s appeal is dismissed

ITA 892/COCH/2022[2017-18]Status: DisposedITAT Cochin30 Oct 2023AY 2017-18

Bench: Shri Sanjay Arora & Shri Manomohan Dasjames Kochapu Kolenchery Asst. Cit, International 563, Lombarde Ave Oshawa Taxation, Vs. Ontario, Canada Lij8Hs 999999 Thiruvananthapuram [Pan:Ekjpk3818P] (Appellant) (Respondent) Assessee By: Smt. Divya Ravindran, Advocate Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 16.10.2023 Date Of Pronouncement: 30.10.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal Directed Against The Order Dated 13.05.2022 By The Commissioner Of Income Tax (Appeals)-12, Bangalore [Cit(A)], Dismissing The Assessee’S Appeal Contesting His Appeal Against Order Under Section 144 Of The Income Tax Act, 1961 (‘The Act’) Dated 28.12.2019 For Assessment Year (Ay) 2017-18. 2. At The Outset, It Is Observed That The Appeal Is Delayed By 27 Days. As Explained In The Condonation Petition, Submitted Along With, In The Form Of An Affidavit By Shri Tony V.J., The Assessee’S, A Resident Of Canada, Constituted Attorney, The Impugned Order Was Received By The Assessee In Canada Only On 17.6.2022, Whereupon The Power Of Attorney Was Executed & The Papers Sent To India, Entailing Time & Which Led To The Delay In Preparation Of Appeal Papers & Filing Them. The Same Is Found Reasonable & Fairly Not Objected To By Smt. Devi, The Learned Sr. D.R. Hearing In The Matter Was Accordingly Proceeded With.

For Appellant: Smt. Divya Ravindran, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 144Section 69A

Mr. Abrar Fakirmohmmad Shaikh, Solapur vs. Income Tax Officer(International Taxation), Nashik

In the result, the appeal filed by the assessee stands partly allowed

ITA 208/PUN/2023[2014-15]Status: DisposedITAT Pune18 Oct 2023AY 2014-15

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.208/Pun/2023 िनधा"रण वष" / Assessment Year : 2014-15 Mr. Abrar Fakirmohmmad Vs. Ito (International Shaikh, Taxation), Nashik. At Manakeshwar, North Solapur, Tal. Bhoom, Barshi, Solapur- 413213. Pan : Chfps0191E Appellant Respondent Assessee By : Shri Rajiv Khandelwal Revenue By : Shri Prashant Gadekar Date Of Hearing : 10.10.2023 Date Of Pronouncement : 18.10.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Final Assessment Order Dated 20.12.2022 Passed U/S 147 R.W.S. 144C(13) Of The Income Tax Act, 1961 (‘The Act’) For The Assessment Year 2014-15. 2 2. Briefly, The Facts Of The Case Are That The Appellant Is An Individual & Non-Resident Indian In Terms Of Income-Tax Purpose. The Return Of Income For The Assessment Year 2014-15 Was Filed On 05.07.2014 Disclosing Total Income Of Rs.1,85,740/-. Against The Said Return Of Income, No Scrutiny Assessment Was Made. Subsequently, On Receipt Of The Information That The Appellant Made Cash Deposit Of Rs.1,20,40,000/- With Solapur District Co- Operative Central Bank, The Assessing Officer Formed An Opinion That The Income Had Escaped Assessment To Tax. Accordingly, The Assessing Officer Had Issued A Notice U/S 148 On 31.03.2021. In Response To Said Notice U/S 148, The Appellant Filed The Return Of Income On 03.04.2021 Disclosing Same Income As Declared In The Original Return Of Income. Against The Said Return Of Income, The Assessment Was Completed By The Assessing Officer Vide Order Dated 20.12.2022 Passed U/S 144C(13) R.W.S. 147 Of The Act At A Total Income Of Rs.1,23,98,740/-. While Doing So, The Assessing Officer Brought To Tax A Sum Of Rs.1,21,80,000/- Being The Amount Of Cash Deposits In The Bank I.E. Cash Deposits Of Rs.1,20,40,000/- Made With Solapur District Co-

For Appellant: Shri Rajiv KhandelwalFor Respondent: Shri Prashant Gadekar
Section 144CSection 144C(13)Section 147Section 148Section 5

M/S. Wamil Suppliers Pvt. Ltd., Kolkata vs. ITO-5(1), Kol, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 531/KOL/2023[2013-14]Status: DisposedITAT Kolkata18 Oct 2023AY 2013-14

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.531/Kol/2023 Assessment Year: 2013-14 M/S Wamil Suppliers Pvt. Ltd. ..............................…...……………....Appellant 7, Camac Street, First Floor, Azimganj House, Kolkata-700017. [Pan: Aaacw4149D] Vs. Ito, Ward-5(1), Kolkata........…........................................…..…..... Respondent Appearances By: Shri Manoj Kataruka, Advocate, Appeared On Behalf Of The Appellant. Shri P. P Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 18, 2023 Date Of Pronouncing The Order : October 18, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 17.05.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That The Reopening Made By The Assessing Officer U/S 147 Of The Act, On The Order Passed U/S 148 Of The Act, Is Without Jurisdiction & Therefore, The Action Of The Ld. Cit(A) & Confirming The Order Of The Ao Is Erroneous & Bad In Law. 2. That On The Facts & In The Circumstances Of The Case, The Action Of The Ld. Cit(A) In Confirming The Action Of The Ao, In Having Issued Erroneous Notice U/S 148 Of The Act & Having Passed An Illegal Order U/S 147 Is Arbitrary, Excessive & Illegal.

Section 143(1)Section 147Section 148Section 250Section 69A