Section 69B of the Income Tax Act

Income-tax Act, 2025: s.104

Section 69B 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 69B is CIT v. Gujarat State Road Transport Corpn (41 Taxmann.com 100), cited in 540 of the 1,579 judgments on BharatTax that turn on this section.

Leading authorities on Section 69B

CIT v. Gujarat State Road Transport Corpn
41 Taxmann.com 100 · 2014 · High Court
540
citing judgments

Employees' contributions to provident fund or other welfare funds are deductible under section 36(1)(va) only if paid by the due date specified in the respective welfare fund enactments, and section 43B does not extend this period to the income tax return filing due date under section 139(1).

Sanjay Oilcake Industries v. CIT
316 ITR 274 · 2009 · High Court
460
citing judgments

In cases of alleged bogus or unverifiable purchases, rather than disallowing the entire purchase value, a reasonable profit element or a proportionate percentage of the purchases should be added back to the assessee's income.

CIT v. Odeon Builders Pvt. ltd.
418 ITR 315 · 2019 · Supreme Court
408
citing judgments

Income tax additions cannot be sustained merely on the basis of uncorroborated statements or allegations. The Revenue must bring on record sufficient material and allow the assessee to produce evidence to prove such additions.

Canara Housing Development Co. v. DCIT
49 Taxmann.com 98 · 2014 · High Court
283
citing judgments

Proceedings under Section 153A of the Income Tax Act are not confined solely to incriminating material found during a search, and the Assessing Officer can assess total income for the relevant years.

TM) Vishnu Jaiswal v. CIT
357 ITR 146 · 2013 · High Court
272
citing judgments

If the Assessing Officer has not conducted any investigation and thus has not discharged their burden of proof, any addition made by the AO is unsustainable and must be deleted.

CIT v. Ashwani Gupta
322 ITR 396 · 2010 · High Court
262
citing judgments

Proceedings become fatal if principles of natural justice are violated, such as when seized material is not provided to the assessee or cross-examination of a person whose statement the Assessing Officer relies upon is denied.

CIT v. Vijay M. Mistry Construction Ltd.
355 ITR 498 · 2013 · High Court
252
citing judgments

In cases of alleged bogus or hawala purchases where the existence of transactions is not entirely denied, only the profit element embedded in such purchases, and not the entire purchase price, can be added to the assessee's income. The focus is on determining a reasonable profit percentage for such additions.

CIT v. Girish Chaudhary
296 ITR 619 · 2008 · High Court
175
citing judgments

Additions to income cannot be made solely based on "dumb documents" or vague loose papers seized during a search that merely indicate rates without specific corroborative material linking them to the assessee's unaccounted transactions. The presumption under Section 292C may not apply to such documents.

Sargam Cinema v. CIT
328 ITR 513 · 2010 · Supreme Court
172
citing judgments

For an Assessing Officer to make a valid reference to the Departmental Valuation Officer for the estimation of the cost of construction, the books of accounts must first be rejected under Section 145(3) of the Income-tax Act.

CIT v. Shivakami Co. (P.) Ltd.
159 ITR 71 · 1986 · Supreme Court
133
citing judgments

The burden of proving an understatement of consideration or the receipt of 'on-money' lies solely with the Revenue, which must provide cogent evidence of actual receipt of higher consideration, beyond mere estimates or suspicion. Additions cannot be made based on assumptions like differences from circle rates without such evidence.

Judgments on Section 69B

Pradip Naik, Goa vs. Commissioner of Income Tax (Appeals) - 43, New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 1497/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Dec 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri Manish Agarwal[Assessment Year : 2012-13] Pradip Naik Vs Ito Bungalow No.25, International Goa Housing Board, Taxation-2(2)(2) Behind Sai Service Station, New Delhi Bardex, North Goa-403521 Pan-Afvpn7030H Appellant Respondent Appellant By Shri Madhur Agarwal, Adv. (Through Vc) & Ms. Sakshi Goyal, Ca Respondent By Shri Vikram Singh Sharma, Sr.Dr Date Of Hearing 09.10.2025 Date Of Pronouncement 24.12.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 15.06.2022 By Ld. Commissioner Of Income Tax (A)-43, [“Ld. Cit(A)”] In Appeal No. 10054/2020-21 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of The Assessment Order Dated 17.12.2019 U/S 144(1)/147 Of The Act Pertaining To Assessment Year 2012-13. 2. Brief Facts Of The Case Are That The Assessment Was Completed U/S 144 R.W.S 147 Of The Act. The Ao Had Information In His Possession That Assessee Had Made Deposits Of Inr 3,75,00,000/- In The Bank Account But Had Not Filed The Return Of Income Therefore, The Case Of The Assessee Was Re-Opened By Issue Of Notice U/S 148 Of The Act On 28.03.2019. Thereafter, Since The Assessee Had Not Participated In The Proceedings Nor Made Any Compliance, Ao Has Held That Investments Made In Mutual Funds Totaling To Inr 3,25,00,000/-, Source Of Which Remained Unexplained & Accordingly, Made The Addition Of Such Amount Made U/S 69B Of The Act.

Section 144Section 144(1)Section 148Section 250Section 69B

Pradeep Janardhan Sakhare, Sambhajinagar vs. ITO, Ward-1(A), Aurangabad

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

ITA 2509/PUN/2025[2018-19]Status: DisposedITAT Pune18 Dec 2025AY 2018-19

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.2509/Pun/2025 धििाारण वर्ा / Assessment Year : 2018-19 Pradeep Janardhan Sakhare, Ito, Ward – 1(1), Ashay Regency, Flat No. 9, Aurangabad New Vishal Nagar, Chh. Sambhajinagar, Vs. Maharashtra-431001 Pan : Bobps8283M अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Shubham N. Rathi (Virtual) Department By : Smt. Indira R. Adakil Date Of Hearing : 04-12-2025 Date Of 18-12-2025 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 26.09.2025 Of The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi [“Cit(A)/Nfac”] Pertaining To Assessment Year (“Ay”) 2018-19. 2. Briefly Stated The Facts Are That The Assessee Is An Individual. For Ay 2018-19, The Assessee Filed His Return Of Income Declaring Income Of Rs.3,17,830/-. Based On The Information Received From The Insight Portal Under „High Risk Criu/Vru Information‟, It Was Found That The Assessee Has Done Transaction In Crypto Currency Of Rs.38,54,500/-, The Source Of Which Requires Verification & Also There Were Unexplained Credit Entries Aggregating To Rs.40,44,044/-. As The Assessee Failed To Disclose The Above Transaction In The Itr Filed For The Ay 2018-19, The Ld. Assessing Officer (“Ao”) Had Reason To Believe That The Above Income In Ay 2018-19 Has Escaped Assessment. Accordingly, The Case Of The Assessee Was Reopened U/S 147 By Issue Of Notice U/S 148 Of The Income Tax Act, 1961 (The “Act”) Dated 07.04.2022. In Response Thereto, The Assessee Filed His Return Of Income On 09.06.2023. Statutory Notice(S) U/S 142(1) & 144 Were Then Issued To The Assessee. As The Assessee Failed To File Any Compliance

For Appellant: Shri Shubham N. Rathi (Virtual)For Respondent: Smt. Indira R. Adakil
Section 142(1)Section 144Section 147Section 148Section 148ASection 151Section 151ASection 69ASection 69B

Priti Pravin Kapadia, Mumbai vs. Income Tax Officer 28(2)(4), Mumbai

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

ITA 8460/MUM/2025[2011-12]Status: DisposedITAT Mumbai17 Dec 2025AY 2011-12

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2011-12 Priti Pravin Kapadia, Income Tax Officer, D/3/703, Moraj Residency, Ward-28(2)(4), Palm Beach Road, Vs. Tower No.6, Sector-16A, Vashi Railway Station, Sanpada East, Commercial Complex, New Mumbai–400705. Vashi, [Pan: Atbpk1174B] Navi Mumbai. (Appellant) (Respondent) For Assessee : Shri Kartik Kutmutia For Revenue : Shri Sunil Mathews, Sr.Dr Date Of Hearing : 16-12-2025 Date Of Pronouncement : 17-12-2025 Order Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 28-10-2025, Pertaining To Assessment Year (Ay) 2011-12. 2. Briefly The Facts Of The Case Are That The Assessee Did Not File Any Return Of Income Originally U/S. 139(1) Of The Income Tax Act, 1961 („The Act‟). Subsequently, Basis The Receipt Of Information That The Assessee Has Placed Time Deposit Of Rs. 19 Lakhs With Hdfc Bank, A Notice U/S. 148 Of 2 The Act Was Issued. In Response To The Said Notice, No Return Of Income Was Filed & Thereafter, After Issuance Of Notice U/S. 142(1) Of The Act & A Show Cause Notice Which Again Remain Non-Complied, The Assessment Was Completed U/S. 144 R.W.S. 147 Of The Act, Wherein The Ao Brought To Tax A Sum Of Rs. 19 Lakhs As Un-Explained Money U/S. 69B Of The Act.

For Appellant: Shri Kartik KutmutiaFor Respondent: Shri Sunil Mathews, Sr.DR
Section 139(1)Section 142(1)Section 144Section 148Section 69B