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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

I.T.O. - 3(2)(4), Mumbai vs. Parth Tradelinks Pvt. Ltd., Mumbai

In the result, both appeals by the Revenue are dismissed

ITA 6434/MUM/2017[2013-14]Status: DisposedITAT Mumbai27 Jan 2022AY 2013-14

Bench: Shri Vikas Awasthy & Shri Om Prakash Kantआअसं. 6433/मुं/2017 ("न. व. 2008-09 ) आअसं. 6434/मुं/2017 ("न. व. 2013-14 ) The Income Tax Officer 3(2)(4), Room No.673, 6Th Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Parth Tradelinks Pvt. Ltd., 112-B, 11Th Floor, Mittal Court, Nariman Point, Mumbai 400 021. Pan: Aadcp-5678-D ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri R.A.Dhyani ""तवाद" "वारा/Respondent By : Shri. A.K.Tibrewal सुनवाई क" "त"थ/ Date Of Hearing : 18/01/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 27/01/2022 आदेश/ Order

For Appellant: Shri R.A.DhyaniFor Respondent: Shri. A.K.Tibrewal
Section 143(3)Section 68

21/07/2017. 2. Since, identical grounds have been raised by the Revenue in both the appeals assailing the order of CIT(A) deleting the addition under section 68 of the Income Tax 2 ITA NO.6434/MUM/2017(A.Y.2013-14) Act, 1961 ( in short ‘the Act’), these appeals are taken up together for adjudication ... investigation conducted by CBI ACB without examining creditworthiness and identity of the lenders and the genuineness of the transactions. For making addition under section 68 of the Act three conditions that are required to be examined are identity and creditworthiness of the lenders and genuineness of the transactions. In penultimate

I.T.O. - 3(2)(4), Mumbai vs. Parth Tradelinks Pvt. Ltd., Mumbai

In the result, both appeals by the Revenue are dismissed

ITA 6433/MUM/2017[2008-09]Status: DisposedITAT Mumbai27 Jan 2022AY 2008-09

Bench: Shri Vikas Awasthy & Shri Om Prakash Kantआअसं. 6433/मुं/2017 ("न. व. 2008-09 ) आअसं. 6434/मुं/2017 ("न. व. 2013-14 ) The Income Tax Officer 3(2)(4), Room No.673, 6Th Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Parth Tradelinks Pvt. Ltd., 112-B, 11Th Floor, Mittal Court, Nariman Point, Mumbai 400 021. Pan: Aadcp-5678-D ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri R.A.Dhyani ""तवाद" "वारा/Respondent By : Shri. A.K.Tibrewal सुनवाई क" "त"थ/ Date Of Hearing : 18/01/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 27/01/2022 आदेश/ Order

For Appellant: Shri R.A.DhyaniFor Respondent: Shri. A.K.Tibrewal
Section 143(3)Section 68

21/07/2017. 2. Since, identical grounds have been raised by the Revenue in both the appeals assailing the order of CIT(A) deleting the addition under section 68 of the Income Tax 2 ITA NO.6434/MUM/2017(A.Y.2013-14) Act, 1961 ( in short ‘the Act’), these appeals are taken up together for adjudication ... investigation conducted by CBI ACB without examining creditworthiness and identity of the lenders and the genuineness of the transactions. For making addition under section 68 of the Act three conditions that are required to be examined are identity and creditworthiness of the lenders and genuineness of the transactions. In penultimate