Unexplained Money, Jewellery, or Other Assets Under Section 69A

1. Key Features of Section 69A

  • Objective: Targets unexplained money, jewellery, or assetsfound in possession but not recorded in books.
  • Deemed Income: Treated as taxable incomein the financial year of discovery.
  • Burden of Proof: Assessee must explain the sourceof the money/assets.
  • Tax Rate: 60% + 25% surcharge + 4% cess = 25%(under Section 115BBE).

2. Conditions for Invoking Section 69A

  1. Possession of Unexplained Assets:
    • Cash, jewellery, bullion, or any valuable asset.
  1. Not Recorded in Books(if books are maintained).
  2. No Satisfactory Explanation:
    • Assessee provides no explanation, OR
    • AO rejectsthe explanation as false/inadequate.

3. Common Scenarios & Examples

ASSET TYPE EXAMPLE TAX IMPLICATION
Cash ₹10 lakh found during raid with no source proof Entire ₹10 lakh added to income
Gold/Jewellery 500g gold bars not declared in wealth statement Market value taxed at 77.25%
Foreign Currency USD 50,000 without travel records Converted to INR and taxed
Other Valuables Luxury watches, art, or antiques without bills FMV added to income

4. How to Avoid Section 69A Additions?

✔ Maintain Records: Declare high-value assets in ITR/wealth statements.

✔ Explain Sources:

  • Gifts: Provide gift deeds, donor’s PAN, and source proof.
  • Inheritance: Submit will, probate, or legal heir certificate.
  • Savings: Show bank statements or past income proofs.

✔ Avoid Cash Hoarding: Use banking channels for large transactions.

5. Penalty & Consequences

  • Tax: 77.25% on unexplained money/assets.
  • Penalty: 10% of tax (if not disclosed in ITR).
  • No Set-Off: Losses/deductions cannotreduce this income.
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