← All Phrases

“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

ACIT-16(3), Fourth Floor vs. Muffazal Lakdawala, Rna Mirage S.K Ahire Marg

Appeal is dismissed

ITA 3254/MUM/2025[2020-21]Status: DisposedITAT Mumbai29 Dec 2025AY 2020-21

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriassessment Year: 2020-21 Acit – 16 (3), Muffazal Lakdawala, Vs. Aayakar Bhavan, M.K. Road, Worli Mumbai – 400018. Mumbai – 400020. Pan – Aacpl 2097 E (Appellant) (Respondent) Present For: Assessee By : Sh. Priyank Ghia A/W Ms. Simoni Shah, Ld. Ars. Revenue By : Sh. Virabhadra S. Mahajan, Ld. Sr. D.R. Date Of Hearing : 03.12.2025 Date Of Pronouncement : 29.12.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Revenue Against The Order Dated 14.03.2025, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2020-21. 2. In The Instant Case, The Assessee Had Taken/Received Unsecured Loan To The Tune Of Rs. 3,28,42,847/- In Total From The Lenders, As Detailed Below: - Anjuman E Mohammadi – 1,50,00,000/- Reshma Jai Ram Shetty – 1,75,00,000/- Digestive Health Institute By Dr. Muffi Pvt. Ltd. – 3,42,847/-

For Appellant: Sh. Priyank Ghia a/w Ms. Simoni Shah, Ld. ARsFor Respondent: Sh. Virabhadra S. Mahajan, Ld. SR. D.R
Section 133Section 250Section 68

assessee, ultimately held that the identity and credit worthiness of the creditors and genuineness of the transaction is established and consequently, the addition under Section 68 may be deleted. 6. The Revenue Department being aggrieved has preferred instant appeal. The Ld. DR mainly emphasized that the Ld. Commissioner allowed

Infinite Expeditions Pvt. Ltd., Modinagar, Ghaziabad, Uttar Pradesh vs. Income Tax Officer, Ward 2(1)(1), Ghaziabad

In the result, grounds of appeal raised by assessee are allowed

ITA 6968/DEL/2025[2018-19]Status: DisposedITAT Delhi23 Dec 2025AY 2018-19

Bench: Shri Pawan Singh(Physical Hearing) Infinite Expeditions Pvt. Ltd. Income Tax Officer, Ward 2(1)(1), B.K. Complex, S-3, Opp. Krishna Vs Ghaziabad. Kunj Colony, Tibra Road, Modinagar, Income Tax Building, Cgo Ghaziabad, Uttar Pradesh-201204 Complex-1, Purani Hapur Chungi, [Pan: Aaeci0872M] Ghaziabad, Uttar Pradesh-201002 Appellant / Assessee Respondent / Revenue Assessee By Shri Lakshay Gupta, Ca Revenue By Shri Virendra Kumar Singh, Sr. Dr Date Of Institution Of Appeal 31.10.2025 Date Of Hearing 01.12.2025 Date Of Pronouncement 23.12.2025 Order Under Section 254(1) Of Income Tax Act

Section 143(1)Section 147Section 148Section 148ASection 151ASection 254(1)Section 68

Officer passed assessment order without considering the reply furnished by assessee on 14.02.2023 and 20.02.2023 and explained credit entry. The assessing officer made addition under section 68 and taxed the same under section 115BBE. The assessee submitted that they are maintaining three bank account i.e. YES Bank, ICICI Bank ... Bank was furnished. The assessee submitted that nature and source of credit was duly explained and the Assessing Officer erred in making such addition under section 68. 5. The ld. CIT(A) after considering the submission of assessee noted that on perusal of assessment order it is seen that assessee