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Case lawIncome-tax Act 2025Chapter VI › Section 103
Chapter VIwas s.69, s.69B

Section 103 of the Income-tax Act, 2025

Section 103 — Unexplained investment. Successor to s.69, s.69B of the 1961 Act.

Where this section sits

Section 103 is in Chapter VI — Aggregation of Income, which runs from section 101 to section 107.

← Section 102  ·  Section 104 →

What this section does

The section operates where, in any tax year, an investment has been made by the assessee which is not recorded in the books of account, if any, maintained by him for any source of income, or where the Assessing Officer finds that the amount of the investment exceeds the amount recorded in those books. If in either case the assessee offers no explanation about the nature and source of the investment or of the excess, or the explanation he offers is not satisfactory in the opinion of the Assessing Officer, the value of the investment, or the excess amount as the case may be, is deemed to be the income of the assessee of that tax year.

Why it is there

An investment the books do not account for is direct evidence of resources that have not been brought to tax. Rather than requiring the Department to trace those resources to a source, the section puts the burden on the person who made the investment to explain its nature and source, and treats the value itself as income of the year of the investment where he cannot.

Who it applies to

What this means in practice

There are two limbs and they produce different additions: where the investment is wholly unrecorded the value of the investment is deemed income, and where it is recorded at less than it cost only the excess is. The deeming attaches to the tax year in which the investment was made, not the year in which the Department discovers it. The explanation demanded covers both the nature and the source of the investment, and clause (b) makes the sufficiency of it a matter of the Assessing Officer's opinion. This section only deems the income; what it costs is set elsewhere — section 195 charges income referred to in sections 102 to 106 at 30%, and section 195(2) allows no deduction for any expenditure or allowance and no set off of any loss against it.

An example

Illustrative only, and invented for this page. The figures are chosen to show the rule biting, not taken from any real matter.

An assessee buys property in a tax year for 90 lakh rupees while his books record 60 lakh, and he cannot explain where the balance came from. Only the excess of 30 lakh is deemed to be his income of that tax year, and section 195 charges it at 30% with no expenditure and no set off allowed against it. Had the books recorded nothing at all about the purchase, the whole 90 lakh would have been deemed his income of that year.

Where you meet this section

In the show-cause that asks you to explain the nature and source of an investment, and in the assessment or reassessment order that makes the addition — most often following a search, a survey, or third-party information about a purchase.

The words themselves

the assessee offers no explanation about the nature and source of such investment, or such excess amount, as the case may be
Section 103(a), Income-tax Act, 2025.
the value of such investment, or such excess amount, as the case may be, shall be deemed to be the income of the assessee of that tax year
Section 103, Income-tax Act, 2025.

What people get wrong

What this replaced

The correspondence is the Income Tax Department’s own, from its comparison utility for the 1961 and 2025 Acts. A renumbering is the easy half; whether the words changed is the half that decides cases.

See the full 1961 to 2025 concordance.

Case law carried across

Read this before you rely on it. Every decision below was decided under the Income-tax Act, 1961. It appears here because it is tagged to a 1961 provision that the department’s own mapping carries to section 103. That is an inference we have drawn, not a holding on the new section: where the words changed in the move, the reasoning may not survive. Treat this as the place to start looking, not as authority on the 2025 Act.

Explainers

Read with

What this page does not tell you. It does not reproduce the section. Everything above was written from the section’s own text as the Income Tax Department publishes it — the text is here, and nothing here is advice on your facts. Where a figure matters, read the sub-section it comes from.