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

Prashant Toraskar, Mumbai vs. Asst CIT 25(1)

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 5813/MUM/2014[2010-11]Status: DisposedITAT Mumbai21 Sept 2016AY 2010-11

Bench: Shri Mahavir Singh, Jm & Shri Sanjay Arora, Am आयकर अपील सं./I.T.A. No. 5813/Mum/2014 ("नधा"रण वष" / Assessment Year: 2010-11) Prashant Toraskar Asst. Cit-25(1), बनाम/ 101, 1St Floor, Sunflower Chs, Mumbai St. Francis Road, Vile Parle (W), Vs. Mumbai-400 057 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaapt 5707 B (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Tarun Ghia ""यथ" क" ओर से/Respondent By : Shri Vijay Kumar Soni सुनवाई क" तार"ख / : 07.7.2016 Date Of Hearing घोषणा क" तार"ख / : 21.9.2016 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: This Is An Appeal Preferred By The Assessee Against The Order By The Commissioner Of Income Tax (Appeals)-35, Mumbai (‘Cit(A)’ For Short) Dated 09.6.2014, Partly Allowing The Assessee’S Appeal Contesting Its Assessment U/S.143(3) Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) For The Assessment Year (A.Y.) 2010-11 Vide Order Dated 07.3.2013. 2. The Appeal Is Delayed By One Day. The Same Is Explained By Way Of An Affidavit Dated 11.4.2016 By The Appellant As Caused Under The Bona Fide Impression Of Having Been Filed In Time; He Being Engaged In Identifying A Counsel For Advice & Representation Before The Tribunal And, Thus, In Filing The Appeal, Resulting In It Being

For Appellant: Shri Tarun GhiaFor Respondent: Shri Vijay Kumar Soni
Section 143(3)

Imtiyaz Amirullah Khan, Mumbai vs. ITO 17(2)(4), Mumbai

In the result, the assessee’s appeal is allowed on the aforesaid terms

ITA 2018/MUM/2016[2010-11]Status: DisposedITAT Mumbai26 Aug 2016AY 2010-11

Bench: Shri Sanjay Arora, Am & Shri Amarjit Singh, Jm आयकर अपील सं./I.T.A. No. 2018/Mum/2016 ("नधा"रण वष" / Assessment Year: 2010-11) Imtiyaz Amirullah Khan Ito-17(2)(4), Gr. Floor, R. No. 1A, Mumbai बनाम/ Near Municiple Market, Ch-011, Vs. Gate No. 6, Sewree Cross Road, Wadala, Mumbai-400 031 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Azpk 9500 G (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Shekhar Gupta ""यथ" क" ओर से/Respondent By : Dr. Suman Ratnam Darsi सुनवाई क" तार"ख / : 04.8.2016 Date Of Hearing घोषणा क" तार"ख / : 26.8.2016 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: This Is An Appeal By The Assessee Directed Against The Order By The Commissioner Of Income Tax (Appeals)-32, Mumbai (‘Cit(A)’ For Short) Dated 18.2.2016, Dismissing The Assessee’S Appeal Contesting Its Assessment U/S.143(3) Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) For The Assessment Year (A.Y.) 2010- 11 Vide Order Dated 20.3.2013. 2. The Sole Issue Arising In The Instant Case Is The Extent Of Income Liable To Be Brought To Tax Against Undisclosed Cash Deposits In The Assessee’S Bank Account With Icici Bank, Bandra Kurla Complex, Mumbai (Account Number 087401500061).

For Appellant: Shri Shekhar GuptaFor Respondent: Dr. Suman Ratnam Darsi
Section 143(3)Section 68