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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

Syed Mohammed Rizwan, Bangalore vs. Income Tax Officer, Ward-2(2)(8), Bangalore

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 696/BANG/2022[2017-18]Status: DisposedITAT Bangalore20 Sept 2022AY 2017-18

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S.Shri Syed Mohammed Rizwan Vs The Income Tax Officer-2(2)(8) No. 193, 1St Main Road Bmtc Depot Sheshadripuram Koramangala Bangalore 560020 Bengaluru 560095 Pan – Afvpr3337R (Appellant) (Respondent) Assessee By: Shri B.R. Sudheendra, Ca Revenue By: Shri K.R. Narayan, Addl Cit-Dr Date Of Hearing: 12/09/2022 Date Of Pronouncement: 20/09/2022 O R D E R Per: Padmavathy, A.M. This Appeal Is Against The Order Of The Commissioner Of Income Tax(Appeals)-11, Bangalore Dated 22.07.2022 For Ay 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. General Ground 1.1 The Order Passed By The Cit(A) 11, Bangalore Is Bad In Law & 'Liable To Be Quashed. 2. Assessment Order Passed In Violation Of Principles Of Natural Justice 2.1 The Learned Ao Erred In Making The Addition Under Section 68 Amounting To Rs. 3,99,46,180, Rs. 33,69,742 & .The Disallowance Of Interest Under Section 24(B) Amounting To Rs. 2,00,000 In An Undue, Haste & Mechanical Manner Without Properly Considering The Details & Documents Filed During The Assessment. 2.2 The Learned Ao Erred In Passing The Assessment Order & Erred In Making The Impugned Additions Without Issuing Any Show Cause Notice

For Appellant: Shri B.R. Sudheendra, CAFor Respondent: Shri K.R. Narayan, Addl CIT-DR
Section 143(2)Section 234BSection 24Section 68

liable to be quashed. 2. Assessment order passed in violation of principles of natural justice 2.1 The learned AO erred in making the addition under section 68 amounting to Rs. 3,99,46,180, Rs. 33,69,742 and .the disallowance of interest under section 24(b) amounting ... applicable, the assessment order passed in violation of principles of natural justice is bad in law and liable to be quashed. 3. Addition under section 68 — Rs. 3,99,46,180 3.1. The learned CIT(A) 11, Bangalore erred in confirming the addition under section 68 amounting