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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

Manish Devendrakumar Shah, Ahmedabad vs. The ITO, Ward-5(3)(1), Ahmedabad

The appeal of the assessee is allowed in full

ITA 918/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad25 Feb 2025AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.918/Ahd/2024 िनधा"रण वष" /Assessment Year : 2014-15 Manish Devendrakumar Shah The Ito बनाम/ 206, 2Nd Floor, Kalash 1 Ward-5(3)(1) V/S. Navrangpura Ahmedabad Ahmedabad – 380 009 "थायी लेखा सं./Pan: Aqjps 4226 K (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri S.N. Divatia, Ar & Shri Samir Vora, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 20 /02/2025 घोषणा की तारीख /Date Of Pronouncement: 25/02/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri S.N. Divatia, AR &For Respondent: Shri Rignesh Das, Sr.DR
Section 10(38)Section 143(1)Section 147Section 250Section 68

Investigation Wing’s report was sufficient evidence. 3. The assessee filed an appeal before CIT(A) challenging the reopening under section 147 and addition under section 68 of the Act. The CIT(A) upheld the reopening, holding that the AO had valid reasons to believe that income had escaped assessment ... also upheld the addition under Section 68 of the Act, concluding that the assessee failed to justify his investment in a company with no business operations, the assessee was aware of price rigging as he purchased shares through preferential allotment, the price spike was unnatural, indicating manipulation

Nepra Environmental Solutins Private Limited, Gandhinagar vs. The Income Tax Officer, Ward-3(1)(1), Ahmedabad

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

ITA 1683/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad25 Feb 2025AY 2013-14

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.1683/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2013-14 | Nepra Environmental- Solutions Private Limited 705, Sharan Circle Hub Nr. Sharan Homes, Zundal Gandhinagar 382 421 (Gujarat) स्थायी लेखा सं./Pan: Aaccp 0273 F (अपीलार्थी/ Appellant) Assessee By: Revenue By: | The Income Tax Officer बनाम / | Ward-3(1)(1) V/S. Ahmedabad (प्रत्यर्थी / Respondent) Shri Divyakant Parikh, Ar Shri Santosh Kumar, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 20/02/2025 25/02/2025 घोषणा की तारीख / Date Of Pronouncement: आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal Has Been Preferred By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi [Hereinafter Referred To As “Cit(A)"], Dated 07-08-2024, For The

For Appellant: Revenue byFor Respondent: The Income Tax Officer
Section 131Section 143(3)Section 56(2)(viib)Section 68

Since no business activity had commenced during the relevant year, the application of Section 68 in this case is wholly unwarranted. Accordingly, the addition under Section 68 deserves to be deleted in its entirety. 9. 4. The alternative addition of Rs.70,99,350/- under Section 56(2)(viib ... conclude that the assessee has successfully demonstrated the genuineness of the share application money received by providing relevant documentary evidence, and thus, the addition under Section 68 is deleted. Similarly, the alternative addition under Section 56(2)(viib) of the Act is unsustainable as the assessee has correctly followed

B Devahie, Chennai vs. ACIT, Central Cir-3(3), Chennai

The appeals stand allowed

ITA 3328/CHNY/2018[2010-11]Status: DisposedITAT Chennai25 Feb 2025AY 2010-11

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm 1. आयकरअपील सं./ Ita No.3327/Chny/2018 (िनधा;रणवष; / Assessment Year: 2009-10) & 2. आयकरअपील सं./ Ita No.3328/Chny/2018 (िनधा;रणवष; / Assessment Year: 2010-11) Late Smt. B. Devahie Acit (Represented By Dr. Balakrishna Central Circle-3(3), बनाम/ Raja – Legal Representative) Chennai. Vs. 9/16, Venkatesan Street, T. Nagar, Chennai-600 014. "थायीलेखासं./जीआइआरसं./Pan/Gir No.Ahupb-6579-N (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Assessee By : Shri K.G. Raghunath (Advocate) - Ld. Ar " थ"कीओरसे/Revenue By : Shri A. Sasikumar (Cit) - Ld. Dr सुनवाई की तारीख/Date Of Hearing : 25-02-2025 घोषणा की तारीख /Date Of Pronouncement : 25-02-2025 आदेश / O R D E R Per Bench:

For Appellant: Shri K.G. Raghunath (Advocate) - Ld. ARFor Respondent: Shri A. Sasikumar (CIT) - Ld. DR
Section 132Section 144Section 153ASection 68

that the Appellant had discharged its onus by identifying the party and also established that the transaction was through banking channel accordingly, the addition under section 68 of the Act is unsustainable. 1.3 As is evident, the sole issue that fall for our consideration is addition made

B Devahie, Chennai vs. ACIT, Central Cir-3(3), Chennai

The appeals stand allowed

ITA 3327/CHNY/2018[2009-10]Status: DisposedITAT Chennai25 Feb 2025AY 2009-10

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm 1. आयकरअपील सं./ Ita No.3327/Chny/2018 (िनधा;रणवष; / Assessment Year: 2009-10) & 2. आयकरअपील सं./ Ita No.3328/Chny/2018 (िनधा;रणवष; / Assessment Year: 2010-11) Late Smt. B. Devahie Acit (Represented By Dr. Balakrishna Central Circle-3(3), बनाम/ Raja – Legal Representative) Chennai. Vs. 9/16, Venkatesan Street, T. Nagar, Chennai-600 014. "थायीलेखासं./जीआइआरसं./Pan/Gir No.Ahupb-6579-N (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Assessee By : Shri K.G. Raghunath (Advocate) - Ld. Ar " थ"कीओरसे/Revenue By : Shri A. Sasikumar (Cit) - Ld. Dr सुनवाई की तारीख/Date Of Hearing : 25-02-2025 घोषणा की तारीख /Date Of Pronouncement : 25-02-2025 आदेश / O R D E R Per Bench:

For Appellant: Shri K.G. Raghunath (Advocate) - Ld. ARFor Respondent: Shri A. Sasikumar (CIT) - Ld. DR
Section 132Section 144Section 153ASection 68

that the Appellant had discharged its onus by identifying the party and also established that the transaction was through banking channel accordingly, the addition under section 68 of the Act is unsustainable. 1.3 As is evident, the sole issue that fall for our consideration is addition made