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

Shergil Harjit, Ahmednagar vs. Pr Commissioner of Income-Tax-1, Pune

In the result, the appeal of the assessee is allowed

ITA 170/PUN/2021[2015-16]Status: DisposedITAT Pune20 Jan 2022AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.170/Pun/2021 िनधा"रण वष" / Assessment Year : 2015-16 Shergil Harjit, 6, Penton Road, Opp. Moti Buag, Officer’S Enclave, Ahmednagar Camp, Ahmednagar- 414002. .......अपीलाथ" / Appellant Pan : Evhps1971N बनाम / V/S. Pr. Cit-1, ……""यथ" / Respondent Pune. Assessee By : Shri Prasad Bhandari Revenue By : Shri Subhakant Sahu सुनवाई क" तारीख / Date Of Hearing : 18.01.2022 घोषणा क" तारीख / Date Of Pronouncement : 20.01.2022 आदेश / Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of The Ld. Pr.Cit-1, Pune Dated 17.03.2021 For The Assessment Year 2015-16 As Per The Following Grounds Of Appeal On Record :- “1. On The Facts & In The Prevailing Circumstances Of The Case, Respected Pcit – Pune -1 Erred Passing The Impugned Revision Order Under Section 263 As The Original Assessment Order Under Section 143(3) Was Passed After Full Satisfaction Of The Ld. Assessing Officer. Hence, The Impugned Order Under Section 263 May Please Be Squashed. 2. On The Facts & In The Prevailing Circumstances Of The Case, Respected Pcit, Pune -1 Erred Passing The Impugned Revision Order Under Section 263 Ex- Parte Inspite Of Duly Filed Submissions By The Assessee Before Time. Thus, The Order Passed Without Considering The Submissions Of The Assessee May Please Be Treated As Bad In Law & Hence, The Impugned Order Under Section 263 May Please Be Squashed. 3. The Appellate Craves The Permission To Add, Amend, Modify, Alter, Revise, Substitute, Delete Any Or All Grounds Of The Appeal, If Deemed Necessary At The Time Of Hearing Of The Appeal.”

For Appellant: Shri Prasad BhandariFor Respondent: Shri Subhakant Sahu
Section 115BSection 143(3)Section 263Section 44ASection 68Section 69

Shri Himmatsinh P Rajput, Vadodara vs. The ITO, Ward-4(1)(3), Vadodara

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

ITA 1734/AHD/2019[2013-14]Status: DisposedITAT Ahmedabad07 Jan 2022AY 2013-14

Bench: Shri Rajpal Yadavassessment Year :2013-14 Shri Himmatsinh P. Rajput, Vs. Income Tax Officer, Block No.1, Jibanagar Society, Ward-4(1)(3), B/H. Panchvati Jakat Naka, Vadodara Refinery Road, Gorwa, Vadodara Pan: Abipr 5812 J अपीलाथ"/ (Appellant) थ"/ (Respondent) अपीलाथ" अपीलाथ" अपीलाथ" "" य "" यथ" "" य "" य थ" थ" Assessee By : Shri Rushin Patel, Ca Revenue By : Shri V.K. Singh, Sr. Dr सुनवाई क" तारीख/Date Of Hearing : 03/01/2022 सुनवाई क" तारीख सुनवाई क" तारीख सुनवाई क" तारीख घोषणा क" तारीख/Date Of Pronouncement : 07/01/2022 आदेश/O R D E R आदेश आदेश आदेश The Assessee Is In Appeal Before The Tribunal Against The Order Of Learned Commissioner Of Income-Tax (Appeals-4), Vadodara [“Cit(A)” In Short] Dated 14.08.2019 Passed For Assessment Year 2013-14. 2. In The Solitary Grievance Of Appeal, The Assessee Has Pleaded That The Learned Cit(A) Has Erred In Confirming The Addition Of Rs.17,17,000/- By Way Of An Ex-Parte Order, Without Adjudicating The Issue On Merits.

For Appellant: Shri Rushin Patel, CAFor Respondent: Shri V.K. Singh, Sr. DR
Section 143(2)Section 250Section 69A