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

Mohamed Hanif Rasul Patel, Sangli vs. Income-Tax Officer, Ward - 1(5), Sangli

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

ITA 1488/PUN/2018[2014-15]Status: DisposedITAT Pune19 Sept 2022AY 2014-15

Bench: Shri S. S. Godara & Shri Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1488/Pun/2018 िनधा"रण वष" / Assessment Year: 2014-15 Mohamed Hanif Rasul Patel, Vs. Ito, Ward-1(5), Sangli. Golibar Road, Near Railway Crossing, Miraj, Sangli. Pan : Abppp5778G Appellant Respondent Assessee By : Shri M. K. Kulkarni Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 15.09.2022 Date Of Pronouncement : 19.09.2022 आदेश / Order Per Dr. Dipak P. Ripote, Am : This Appeal Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-1, Kolhapur Dated 02.07.2018 Emanating From The Order U/S 143(3) R.W.S. 147 Of The Income Tax Act, 1961 Passed By Ito, Ward-1(5), Sangli, Dated 18.12.2017. 2. The Grounds Of Appeal Are As Under :- “1. On The Facts & In The Circumstances Of The Case & In Law The A. O. The Assessing Authority & Ld. Cit(A) Was Not Justified In Confirming The Order Of The A.O. When He Passed The Assessment Without Granting Sufficient Opportunity As Mentioned In The Appeal Order Of Cit(A) In His Common Order. The Principles Of Natural Justice Have Been Violated. The Assessment Be Quashed. 2. On The Facts & In The Circumstances Of The Case & In Law The Ld. Cit Was Not Justified In Confirming The Addition Of Rs.

For Appellant: Shri M. K. KulkarniFor Respondent: Shri Ramnath P. Murkunde
Section 143(3)

The Deputy Commissioner of Income Tax, Circle-3(1), Visakhapatnam vs. Idupulapati Srinivasarao, Visakhapatnam

In the result, the appeal of the revenue is allowed for statistical purpose and cross objection of the assessee is dismissed

ITA 57/VIZ/2021[2016-17]Status: DisposedITAT Visakhapatnam09 Sept 2022AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.57/Viz/2021 (निर्धारण वर्ा / Assessment Year : 2016-17) Dy.Commissioner Of Income Tax Vs. Sri Idupulapati Srinivasarao Circle-3(1) 50-1-41/B, Asr Nagar Visakhapatnam Seethammadhara Visakhapatnam [Pan : Bgcps1164C] Cross Objection No.6/Viz/2022 (Arising Out Of I.T.A.No.57/Viz/2021) निर्धारण वर्ा / Assessment Year : 2016-17) Sri Idupulapati Srinivasarao Dy.Commissioner Of Income Tax 50-1-41/B, Asr Nagar Circle-3(1) Seethammadhara Visakhapatnam Visakhapatnam [Pan : Bgcps1164C] राजस्व की ओर से / Revenue By : Shri On Hari Prasada Rao, Dr निर्ााररती की ओर से/ Assessee By : Shri I Kama Sastry, Ar सुिवधई की तधरीख / Date Of Hearing : 02.08.2022 घोर्णध की तधरीख/Date Of Pronouncement : 09.09.2022 O R D E R Per Shri Duvvuru Rl Reddy: This Appeal Is Filed By The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals) [In Short, “Cit(A)”]-1, Visakhapatnam In Ita No.10318/2018-19/Cit(A)-1/Vsp/2020-21

For Appellant: Shri I Kama Sastry, ARFor Respondent: Shri ON Hari Prasada Rao, DR
Section 143(2)Section 69A