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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

Assistant Commissioner of Income Tax, Corporate Circle 1(1), Chennai, Nungambakkam vs. Avilaa Exports Private Limited, Mannady, Chennai

In the result, appeal filed by the Revenue is dismissed

ITA 770/CHNY/2024[2017-18]Status: DisposedITAT Chennai30 Aug 2024AY 2017-18

Bench: Shri Aby T. Varkey & Shri S.R. Raghunathaआयकर अपील सं./Ita No.770/Chny/2024 िनधा8रण वष8 /Assessment Year: 2017-18 The Asst. Commissioner Of Avilaa Exports Pvt. Ltd., Income Tax, Vs. Old No.269, New No.126, 4Th Floor, Thambu Chetty Street, Corporate Circle-1(1), Chennai. Mannady, Chennai-600001. [Pan: Aajca 2473K] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" की ओर से/ Assessee By : Shri Akshit Jain, C.A Fgथ" की ओर से /Revenue By : Shri A. Sasikumar, Cit सुनवाई की तारीख/Date Of Hearing : 19.06.2024 घोषणा की तारीख /Date Of Pronouncement : 30.08.2024 आदेश / O R D E R Per S.R. Raghunatha, A.M : This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), [Nfac], Delhi [Hereinafter “Cit(A)] In Din & Order No.Itba/Nfac/S/250/2023- 24/1060339451(1), Dated 31.01.2024. The Assessment Was Framed By The Assessing Officer For The Assessment Year 2017-18 U/S. 147 R.W.S 144 R.W.S 144B Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Vide Order Dated 15.01.2022. :- 2 -: 2. The Grounds Of Appeal Raised By The Revenue Are As Under:

For Appellant: Shri Akshit Jain, C.A FGFor Respondent: Shri A. Sasikumar, CIT
Section 139(1)Section 143(1)Section 143(3)Section 147Section 148

appellant company was the proceeds of the turnover, which are reflecting in the profit and loss account of the appellant company. Thus, the addition under section 68 made by the AO, ignoring the evidence submitted during the course of assessment proceedings, is beyond the jurisdiction

Tirumurugan Traders, Erode vs. ITO, Ward-1(1). Erode, Erode

In the result, both the appeals filed by the assessee are allowed

ITA 268/CHNY/2024[2016-17]Status: DisposedITAT Chennai23 Aug 2024AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.267 & 268/Chny/2024 िनधा"रण वष"/Assessment Years: 2015-16 & 2016-17 Thirumurugan Traders, Vs. The Income Tax Officer, 11-B, East Kongalamman Koil Street, Ward 1(1), Erode 638 001. Erode. [Pan: Aabft2766P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate, Erode. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 08.08.2024 घोषणा की तारीख /Date Of Pronouncement : 23.08.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Both Dated 04.12.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), Nfac Delhi For The Assessment Years 2015-16 & 2016-17. 2. Since Both The Appeals Are Filed By Same Assessee & Issues Raised In The Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed To Hear Both The Appeals Together & Pass Consolidated Order For The Sake Of Convenience.

For Appellant: Shri S. Sridhar, Advocate, ErodeFor Respondent: Ms. R. Anita, Addl. CIT
Section 139(1)Section 143(2)Section 68

Assessing Officer in treating the revised return as invalid is not justified. The ld. AR argued that the Assessing Officer made addition under section 68 of the Act only on the basis of revised return, but treated the revised return of income as invalid, is not correct. He drew

Tirumurugan Traders, Erode vs. ITO, Ward -1(1), Erode

In the result, both the appeals filed by the assessee are allowed

ITA 267/CHNY/2024[2015-16]Status: DisposedITAT Chennai23 Aug 2024AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.267 & 268/Chny/2024 िनधा"रण वष"/Assessment Years: 2015-16 & 2016-17 Thirumurugan Traders, Vs. The Income Tax Officer, 11-B, East Kongalamman Koil Street, Ward 1(1), Erode 638 001. Erode. [Pan: Aabft2766P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate, Erode. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 08.08.2024 घोषणा की तारीख /Date Of Pronouncement : 23.08.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Both Dated 04.12.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), Nfac Delhi For The Assessment Years 2015-16 & 2016-17. 2. Since Both The Appeals Are Filed By Same Assessee & Issues Raised In The Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed To Hear Both The Appeals Together & Pass Consolidated Order For The Sake Of Convenience.

For Appellant: Shri S. Sridhar, Advocate, ErodeFor Respondent: Ms. R. Anita, Addl. CIT
Section 139(1)Section 143(2)Section 68

Assessing Officer in treating the revised return as invalid is not justified. The ld. AR argued that the Assessing Officer made addition under section 68 of the Act only on the basis of revised return, but treated the revised return of income as invalid, is not correct. He drew