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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

Income Tax Officer, Kolkata vs. Jkj Jewellers (Hcm), Kolkata

In the result, the appeal of the Revenue as well as CO of the assessee are dismissed

ITA 420/KOL/2024[2017-18]Status: DisposedITAT Kolkata16 Dec 2024AY 2017-18

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Jkj Jewellers (Hcm) Income Tax Officer 1St Floor, 18, Hanspukur First 3, Govt. Place (West), Ground Lane, Burrabazar, Floor, Kolkata-700069, West Vs. Kolkata-700007, Bengal West Bengal (Appellant) (Respondent) Pan No. Aakfj7956Q Co No. 26/Kol/2024 (Arising In Ita No. 420/Kol/2024 For A.Y. 2017-18) Jkj Jewellers (Hcm) Income Tax Officer 1St Floor, 18, Hanspukur First 3, Govt. Place (West), Ground Lane, Burrabazar, Floor, Kolkata-700069, Vs. Kolkata-700007, West Bengal West Bengal (Appellant) (Respondent) Assessee By : Shri S. Jhajharia, Ar Revenue By : Shri Pradip Kumar Biswas, Dr Date Of Hearing: 28.11.2024 Date Of Pronouncement : 16.12.2024

For Appellant: Shri S. Jhajharia, ARFor Respondent: Shri Pradip Kumar Biswas, DR
Section 143Section 68

dated 12.05.2021 wherein held as under: “[2021] 128 taxmann.com 291 (Visakhapatnam - Trib. [2022] 96... INCOME TAX: Where AO made addition under section 68 on account of huge cash amount deposited by assessee-jeweller in its bank account post demonetization, since assessee had explained source of said cash deposits as sales ... High Court in the case of Agson Global Pvt. Ltd. Vs. Pr.CIT wherein held as under: “INCOME TAX: Where AO made addition under section 68 on account of cash deposit made by assessee post-demonetization, since assessee placed material on record to prove that cash deposits made with banks were

Shridev Procon Ltd., (Earlier Known As Dev Procon Ltd), Ahmedabad vs. The DCIT, Central Circle-2(1), Ahmedabad

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

ITA 300/AHD/2020[2015-16]Status: DisposedITAT Ahmedabad11 Dec 2024AY 2015-16

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.300/Ahd/2020 िनधा"रण वष" /Assessment Year : 2015-16 Shridev Procon Limited Deputy Commissioner Of बनाम/ (Earlier Known As Dev Procon Income Tax, V/S. Limited) Central Circle – 2 (1) Dev House Ahmedabad B/H. Rajpat Club, S.G.Highway Ahmedabad – 380 052 "थायी लेखा सं./Pan: Aaccd 1788 P (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Dhrunal Bhatt, Ar & Shri Gulab Thakor, Ar Revenue By : Ms. Ketaki Desai, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 03/12/2024 घोषणा की तारीख /Date Of Pronouncement: 11/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Dhrunal Bhatt, AR &For Respondent: Ms. Ketaki Desai, Sr.DR
Section 143(1)Section 143(3)Section 36(1)(iii)Section 36(1)(va)Section 37Section 68

completed the scrutiny after making following additions: • Disallowance of Travel Expenses – Rs.35,60,621/- • Disallowance of Prior Period Expenses – Rs.1,20,95,071/- • Addition under Section 68 – Rs.9,06,000/- • Disallowance under Section 36(1)(va) – Rs.1,03,440/- • Disallowance of Interest Expenses under Section 36(1)(iii) – Rs.27

Nirmala Devi, Haryana vs. DCIT Central Circle-31, New Delhi

Appeal is partly allowed for statistical purpose in above terms

ITA 2343/DEL/2022[2016-17]Status: DisposedITAT Delhi10 Dec 2024AY 2016-17

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 2343/Del/2022 : Asstt. Year : 2016-17 Nirmala Devi, Vs Dcit, 1691-1692, Huda Sector-2, Palwal, Central Circle-31, Haryana-121102 New Delhi-110001 (Appellant) (Respondent) Pan No. Ajfpd2515F Assessee By : Sh. Gurjeet Singh, Ca Revenue By : Ms. Baljeet Kaur, Cit-Dr Date Of Hearing: 03.12.2024 Date Of Pronouncement: 10.12.2024 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2016-17, Arises Against The Order Of Cit(A)-30, New Delhi Dated 26.07.2022 In Case No. 10426/2019-20, In Proceedings U/S 153A Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Gurjeet Singh, CAFor Respondent: Ms. Baljeet Kaur, CIT-DR
Section 132Section 153Section 153ASection 153DSection 68

incriminating material/document found during the course of search u/s 132 of the Act for the impugned year. 4. Because the action for addition under section 68 amounting Rs 95,00,000/- is being challenged on facts and law while all parameters for the provision of law required by assessee fulfilled ... revealed in findings from acquiescence by silence. 5. Because the action for addition under section 68 amounting Rs 95,00,000/-is being challenged on facts and law as assessee can- not be made to explain the source of source. 6. For a decision in accordance with

Amjay Medimax India Pvt. Ltd., Ahmedabad vs. The Dy.CIT, Circle-1(1)(1), Ahmedabad

In the result, the appeal of the assessee is allowed for statistical purposes, subject to the levy of costs as specified above

ITA 731/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad09 Dec 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.731/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Amjay Medimax India The Dy.Cit बनाम/ Pvt.Ltd. Circle-1(1)(1) V/S. 4Th Floor, Medi Max House Ahmedabad - 380 015 Opp.Karnavati Hospital Ellisbridge Ahmedabad – 380 006 "थायी लेखा सं./Pan: Aabca 8241 R (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Aseem Thakkar, Ar Revenue By : Shri V. Nandakumar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 03/12/2024 घोषणा की तारीख /Date Of Pronouncement: 09/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 23/02/2024, Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”], Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (A.Y.) 2017-18. The Impugned Order Of The Cit(A) Arose Out Of The Assessment Order Passed By The Assessing Amjay Medimax India Pvt.Ltd. Vs. Dcit Asst. Year : 2017-18

For Appellant: Shri Aseem Thakkar, ARFor Respondent: Shri V. Nandakumar, CIT-DR
Section 115JSection 143(2)Section 143(3)Section 14ASection 250Section 37(1)Section 68

section 143(3) of the Act determining the total income at Rs.7,92,42,171/-. The AO made the following additions and disallowances: • Addition under section 68 of the Act (unexplained cash credits): Rs.2,34,90,000/-. • Disallowance under section 14A r.w. Rule 8D: Rs.25,41,178/-. Short-term capital

Dawoodi Bohra Jamat Godhra, Godhra vs. The Income Tax Officer, Ward-Exemption, Vadodara

In the result, the appeal of the assessee is allowed

ITA 1567/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad09 Dec 2024AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1567/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Dawoodi Bohra Jamat Godhra The Income Tax Officer बनाम/ Dawoodi Bohra Masjid Ward Exemption V/S. Vohrawad, Godhra Vadodara Godhra – 389 001 (Gujarat) "थायी लेखा सं./Pan: Aaatd 4476 D (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Ms. Urvashi Sodhan, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05/12/2024 घोषणा की तारीख /Date Of Pronouncement: 09/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Ms. Urvashi Sodhan, ARFor Respondent: Shri b.P. Srivastava, Sr.DR
Section 11Section 115BSection 143(1)Section 147Section 148Section 250Section 271ASection 68

precedents, such as, Mangilal Jain v. ITO (315 ITR 105) and Kale Khan Mohammad Hanif v. CIT (50 ITR 1) to justify the addition under Section 68 of the Act. These decisions held that the onus is on the assessee to prove the genuineness of credits appearing in its books ... penalty under Section 271AAC of the Act are Dawoodi Bohra Jamat Godhra vs. ITO Asst. Year : 2017-18 consequential in nature. Since the addition under Section 68 of the Act has been deleted, these grounds are also allowed in favour of the assessee. 9. In the result, the appeal