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“addition under section 68”

Cash Credits & Unexplained ItemsSection 68Section 681,640 judgments

The decision most relied on for addition under section 68 is CIT v. Durga Prasad More (82 ITR 540), cited in 1,579 judgments on BharatTax.

Leading authorities on addition under section 68

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.

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

CIT v. Bholanath Poly Fab. Pvt. Ltd.
355 ITR 290 · 2013 · High Court
712
citing judgments

If an assessee makes purchases from bogus parties, but the underlying goods are genuinely acquired and sold, only the profit margin embedded in such purchases, and not the entire value of the bogus purchases, should be added to the assessee's income.

Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd.
342 ITR 169 · 2012 · High Court
658
citing judgments

To make an addition under Section 68 for unexplained cash credits, the Assessing Officer must conduct proper inquiry into the identity, genuineness, and creditworthiness of the creditor, especially concerning share application money. The assessee's initial discharge of burden by providing necessary details shifts the onus back to the AO for further investigation, including the source of source.

Kale Khan Mohammad Hanif v. CIT
50 ITR 1 · 1963 · Supreme Court
581
citing judgments

The assessee bears the onus of proving the source and nature of any sum of money or receipt found to have been received by them. If the assessee fails to satisfactorily explain the receipt, the Income-tax Officer is entitled to treat it as taxable income.

Lalchand Bhagat Ambica Ram v. CIT
37 ITR 288 · 1959 · Supreme Court
570
citing judgments

Where an assessee maintains regular books of account, and these books are not rejected or found defective by the Assessing Officer, any cash deposits or available cash shown in the cash book, if sufficient to cover the transaction, cannot be treated as unexplained income or an addition under sections 68 or 69A.

Umacharan Shaw & Bros. v. CIT
37 ITR 271 · 1959 · Supreme Court
567
citing judgments

An income tax assessment or addition cannot be sustained solely on the basis of suspicion, surmises, or conjectures, as strong suspicion does not amount to proof. The revenue authorities must rely on concrete evidence and material to frame an assessment.

Roshan Di Hatti v. CIT
107 ITR 938 · 1977 · Supreme Court
477
citing judgments

An assessee bears the onus to prove the identity, creditworthiness, and genuineness of any cash credit or transaction. If the assessee fails to discharge this burden with cogent evidence and explanation, the Assessing Officer is justified in making additions to their income, and no further burden lies on the revenue.

Judgments citing addition under section 68

The ITO, Ward-1(1)(1), Ahmedabad vs. M/S. Adinath Ornaments Pvt. Ltd., Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 553/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad09 Apr 2025AY 2017-18

Bench: Shri Tr Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.553/Ahd/2022 निर्धारण वर्ष / Assessment Year : 2017-18 Ito Ward-1(1)(1), Ahmedabad बनाम/ V/S. M/S. Adinath Ornaments Pvt. Ltd. 2, Dipawali Centre, Opp. Old High Court, Navrangpura, Ahmedabad – 380 009 स्थायी लेखा सं./Pan: Aafca9867K अपीलार्थी/ (Appellant) प्रत्यर्थी/ (Respondent) Assessee By: Shri Aseem L Thakkar, Ar Revenue By: Shri B. P. Srivastava, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 03/04/2025 घोषणा की तारीख /Date Of Pronouncement: 09/04/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Revenue Is Directed Against The Order Dated 21.10.2022 Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)"], For The Assessment Year 2017-18, Arising From The Assessment Order Dated 30.12.2019 Framed Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"] By The Income Tax Officer, Ward 1(1)(1), Ahmedabad [Hereinafter Referred To As “Ao”]

For Appellant: Shri Aseem L Thakkar, ARFor Respondent: Shri B. P. Srivastava, Sr. DR
Section 115BSection 143(3)Section 145(3)Section 40A(3)Section 68

before drawing adverse inference. Where no contradiction in books is found and cash sales are substantiated by quantity records and statutory filings, the addition under section 68 cannot be sustained. 7.6 Upon a comprehensive review of the judicial precedents and factual matrix, we observe that the burden of proof under ... cash deposits with reference to books of account and supporting documentation, and no defect or adverse finding is recorded by the AO, no addition under section 68 can be sustained. 7.7 In light of the consistent judicial view of the coordinate Benches, we find no legal or factual infirmity

ITO, Ward-1(2)(1), Ahmedabad vs. Ms Goodfarm Rearing, Ahmedabad

In the result, the appeal of the Revenue stands dismissed

ITA 1081/AHD/2023[2018-19]Status: DisposedITAT Ahmedabad01 Apr 2025AY 2018-19

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.1081/Ahd/2023 निर्धारण वर्ष / Assessment Year : 2018-19 The Ito Ms Goodfarm Rearing Ward-1(2)(1) Ahmedabad बनाम/ V/S. 22-23, Shrimali Society Opp. Navrangpura Police Station Ahmedabad – 380 009 स्थायी लेखा सं./Pan: Aarfg 8677 L अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent) Assessee By : Shri Tushar Hemani, Sr.Advocate & Shri Parimalsinh B. Parmar, Ar Revenue By : Shri A.P. Singh, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 27/03/2025 घोषणा की तारीख / Date Of Pronouncement: 01/04/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Revenue Is Directed Against The Order Dated 26.09.2023 Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)"] For The

For Appellant: Shri Tushar Hemani, Sr.Advocate &For Respondent: Shri A.P. Singh, CIT-DR
Section 115BSection 133(6)Section 143(3)Section 144BSection 271ASection 68

response, the AO treated the capital contribution of Rs.8,00,00,000/- by Goodfarms Calfcare LLP as unexplained cash credit and made an addition under section 68, taxing the same under section 115BBE of the Act. Penalty proceedings under section 271AAC(1) of the Act were also initiated ... assessee-firm and received through proper banking channels. The AR further submitted that it is a settled legal position that no addition under section 68 of the Act can be made in the hands of a partnership firm in respect of capital introduced by its partner, where the identity, genuineness