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

Archana Pranav Desai, Valsad vs. ITO, Ward-1, Vapi

In the result, appeal filed by the assessees is partly allowed

ITA 558/SRT/2019[2010-11]Status: DisposedITAT Surat24 Aug 2022AY 2010-11

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.557/Srt/2019 Assessment Year: (2010-11) (Physical Court Hearing) Pranav Dolatrai Desai, Vs. The Ito, Ward-7, Desai Bunglow, Gautam Colony, Vapi. Balakhadi, Killa Pardi, Valsad-396125. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Airpd2160R (Appellant) (Respondent) आयकर अपील सं./Ita No.558/Srt/2019 Assessment Year: (2010-11) (Physical Court Hearing) Archana Pranav Desai, Vs. The Ito, Ward-7, Pranav Bunglos, Gautam Colony, Vapi. Balakhadi, Killa Pardi, Valsad-396125. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Airpd2161Q (Appellant ) (Respondent) Assessee By Shri Suresh K. Kabra, Ca Respondent By Shri Vinod Kumar, Sr. Dr Date Of Hearing 30/06/2022 Date Of Pronouncement 24/08/2022 आदेश / O R D E R Per Dr. A. L. Saini, Am: Captioned Two Appeals Filed By Different Assessees, Pertaining To The Assessment Years (Ay) 2010-11, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Valsad [In Short “The Ld. Cit(A)”], Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer U/S 143(3) R.W.S 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

Section 143(3)Section 148

Pranav D. Desai, Surat vs. ITO Vapi Ward, 7 Vapi, Vapi

In the result, appeal filed by the assessees is partly allowed

ITA 557/SRT/2019[2010-11]Status: DisposedITAT Surat24 Aug 2022AY 2010-11

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.557/Srt/2019 Assessment Year: (2010-11) (Physical Court Hearing) Pranav Dolatrai Desai, Vs. The Ito, Ward-7, Desai Bunglow, Gautam Colony, Vapi. Balakhadi, Killa Pardi, Valsad-396125. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Airpd2160R (Appellant) (Respondent) आयकर अपील सं./Ita No.558/Srt/2019 Assessment Year: (2010-11) (Physical Court Hearing) Archana Pranav Desai, Vs. The Ito, Ward-7, Pranav Bunglos, Gautam Colony, Vapi. Balakhadi, Killa Pardi, Valsad-396125. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Airpd2161Q (Appellant ) (Respondent) Assessee By Shri Suresh K. Kabra, Ca Respondent By Shri Vinod Kumar, Sr. Dr Date Of Hearing 30/06/2022 Date Of Pronouncement 24/08/2022 आदेश / O R D E R Per Dr. A. L. Saini, Am: Captioned Two Appeals Filed By Different Assessees, Pertaining To The Assessment Years (Ay) 2010-11, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Valsad [In Short “The Ld. Cit(A)”], Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer U/S 143(3) R.W.S 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

Section 143(3)Section 148

DCIT, Circle-2, Trichy vs. M/S. Mc Hospital, Nagapattinam

In the result, the appeal of the Revenue is dismissed as the Cross

ITA 11/CHNY/2021[2017-18]Status: DisposedITAT Chennai19 Aug 2022AY 2017-18

Bench: Shri Mahavir Singh & Shri Girish Agrawalassessment Year: 2017-18 Deputy Commissioner Of M/S. M. C. Hospital Income-Tax, Plot No. 38, Sivan Sannathi Circle-2, Trichy. Street, Velipalayam, O/O The Joint Nagapattinam, Vs. Commissioner Of Income Tamil Nadu-611001. Tax, Range-2, No. 100, (Pan: Aapfm2058R) Nanjikottai Road, Thanjavur, Tamil Nadu- 620001. (Appellant) (Respondent) & C.O. No. 6/Chny/2022 In Ita No.11/Chny/2021 Assessment Year: 2017-18 M/S. M. C. Hospital Deputy Commissioner Of Plot No. 38, Sivan Sannathi Income-Tax, Street, Velipalayam, Circle-2, Trichy. Nagapattinam, Vs. O/O The Joint Commissioner Tamil Nadu-611001. Of Income Tax, Range-2, No. (Pan: Aapfm2058R) 100, Nanjikottai Road, Thanjavur, Tamil Nadu- 620001. (Cross Objector) (Respondent) Present For: Revenue/Appellant By : Shri Chinthapalli Mehar Chand, Jcit Assessee/Cross Objector By : Shri K. P. Dewani, Advocate Date Of Hearing : 24.05.2022 Date Of Pronouncement : 19.08.2022 O R D E R Per Girish Agrawal: This Appeal By The Revenue & The Cross Objection By The Assessee Are Directed Against The Order Of Ld. Cit(A)-1, Trichy Vide Ita No.535/2019-20/Cit(A0-1/Try Dated 23.09.2020 Against The Assessment Order Passed By Acit, Circle-2(1), Trichy U/S. 143(3) Of The 2

For Appellant: Shri Chinthapalli Mehar Chand, JCIT
Section 143(3)