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“addition u/s 68”

Cash Credits & Unexplained ItemsSection 68Section 682,598 judgments

The decision most relied on for addition u/s 68 is CIT v. Lovely Exports (P) Ltd. (216 CTR 195), cited in 854 judgments on BharatTax.

Leading authorities on addition u/s 68

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. Divine Leasing & Finance Ltd.
299 ITR 268 · 2008 · High Court
426
citing judgments

The Assessing Officer cannot add share capital or share premium amounts if the assessee provides the identity and creditworthiness of the subscriber and establishes the genuineness of the transaction. The court may admit additional evidence under Rule 46A, such as the PAN identity of the creditor.

CIT v. Devi Prasad Vishwanath Prasad
72 ITR 194 · 1969 · Supreme Court
272
citing judgments

If there is an unexplained cash credit, the Assessing Officer can treat it as the assessee's income, even when the income is finalized on an estimation basis, without proving its specific source. The onus then shifts to the assessee to prove that the income represented by the cash credit has already been taxed.

CIT v. Dwarkadhish Investment (P) Ltd.
330 ITR 298 · 2011 · High Court
218
citing judgments

An assessee cannot be asked to explain the source of the source for cash credits, particularly share capital or share application money, once they have discharged the initial onus regarding the identity, genuineness of the transaction, and creditworthiness of the immediate investor.

1) CIT v. Sahibganj Electric Cables Pvt. Ltd. (
151 ITR 150 · 1985 · High Court
79
citing judgments

The assessee's burden under Section 68 to prove cash credits is discharged by establishing the identity of the creditor and the genuineness of the transaction; the assessee is not required to prove the creditor's source of funds or creditworthiness, as the department can use Section 131 for further investigation.

Jatia Investment Co. v. CIT
206 ITR 718 · 1994 · High Court
77
citing judgments

An addition under Section 68 for unexplained cash credits cannot be made when there is no actual cash credit or flow of funds, such as in cases of share swaps or notional credits.

Hastimal v. CIT
49 ITR 273 · 1963 · High Court
57
citing judgments

An assessee's duty regarding the creditworthiness of a creditor is limited to the transactions between them, and they are not required to investigate the ultimate source of the creditor's funds. If the genuineness of the transaction and the creditworthiness are established, no addition under Section 68 is permissible.

CIT v. Prameshwar Bohra
301 ITR 404 · 2008 · High Court
47
citing judgments

An amount already credited in the books of account in an earlier assessment year cannot be added again as an unexplained cash credit under Section 68 of the Income-tax Act in a subsequent assessment year.

Judgments citing addition u/s 68

Kundan Rice Mills Limited, New Delhi vs. Deputy Commisioner of Income Tax, Central Circle-14, New Delhi

In the result, the appeals of the Revenue are dismissed and appeals of the assessee are allowed

ITA 593/DEL/2024[2013-14]Status: DisposedITAT Delhi27 Jun 2025AY 2013-14

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2013-14 Dcit, Vs. Kundan Rice Mills Ltd., Central Circle 14, E-4, Industrial Area, New Delhi Panipat, Haryana Pin: 132 103 Pan No. Aaack7098P (Appellant) (Respondent) Assessment Year: 2013-14 Kundan Rice Mills Ltd., Vs. Dcit, E-4, Industrial Area, Central Circle 14, Panipat, Haryana New Delhi Pin: 132 103 Pan No. Aaack7098P (Appellant) (Respondent) Assessment Year: 2014-15 Dcit, Vs. Kundan Rice Mills Ltd., Central Circle 14, E-4, Industrial Area, New Delhi Panipat, Haryana Pin: 132 103 Pan No. Aaack7098P (Appellant) (Respondent)

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri Dayainder Singh, CIT (DR) &
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 151Section 250Section 69A

escaped the assessment due to concealment or furnishing inaccurate particulars. While here is a case where Ld. AO intends to make an addition u/s 68 of the Act, for any sum found credited in the books, by rebutting the explanation given by the assessee u/s 68 ... account were not rejected and the sales of the assessee have not been disturbed the Revenue authorities are precluded from making any addition u/s 68 of the Act in respect of the cash deposits made into bank account during demonetization period.” 16. In view of above material fact and well

Deputy Commissioner of Income Tax, New Delhi vs. Kundan Rice Mills Limited, Haryana

In the result, the appeals of the Revenue are dismissed and appeals of the assessee are allowed

ITA 573/DEL/2024[2014-15]Status: DisposedITAT Delhi27 Jun 2025AY 2014-15

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2013-14 Dcit, Vs. Kundan Rice Mills Ltd., Central Circle 14, E-4, Industrial Area, New Delhi Panipat, Haryana Pin: 132 103 Pan No. Aaack7098P (Appellant) (Respondent) Assessment Year: 2013-14 Kundan Rice Mills Ltd., Vs. Dcit, E-4, Industrial Area, Central Circle 14, Panipat, Haryana New Delhi Pin: 132 103 Pan No. Aaack7098P (Appellant) (Respondent) Assessment Year: 2014-15 Dcit, Vs. Kundan Rice Mills Ltd., Central Circle 14, E-4, Industrial Area, New Delhi Panipat, Haryana Pin: 132 103 Pan No. Aaack7098P (Appellant) (Respondent)

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri Dayainder Singh, CIT (DR) &
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 151Section 250Section 69A

escaped the assessment due to concealment or furnishing inaccurate particulars. While here is a case where Ld. AO intends to make an addition u/s 68 of the Act, for any sum found credited in the books, by rebutting the explanation given by the assessee u/s 68 ... account were not rejected and the sales of the assessee have not been disturbed the Revenue authorities are precluded from making any addition u/s 68 of the Act in respect of the cash deposits made into bank account during demonetization period.” 16. In view of above material fact and well

Deputy Commissioner of Income Tax, New Delhi vs. Kundan Rice Mills Limited, Haryana

In the result, the appeals of the Revenue are dismissed and appeals of the assessee are allowed

ITA 548/DEL/2024[2013-14]Status: DisposedITAT Delhi27 Jun 2025AY 2013-14

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2013-14 Dcit, Vs. Kundan Rice Mills Ltd., Central Circle 14, E-4, Industrial Area, New Delhi Panipat, Haryana Pin: 132 103 Pan No. Aaack7098P (Appellant) (Respondent) Assessment Year: 2013-14 Kundan Rice Mills Ltd., Vs. Dcit, E-4, Industrial Area, Central Circle 14, Panipat, Haryana New Delhi Pin: 132 103 Pan No. Aaack7098P (Appellant) (Respondent) Assessment Year: 2014-15 Dcit, Vs. Kundan Rice Mills Ltd., Central Circle 14, E-4, Industrial Area, New Delhi Panipat, Haryana Pin: 132 103 Pan No. Aaack7098P (Appellant) (Respondent)

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri Dayainder Singh, CIT (DR) &
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 151Section 250Section 69A

escaped the assessment due to concealment or furnishing inaccurate particulars. While here is a case where Ld. AO intends to make an addition u/s 68 of the Act, for any sum found credited in the books, by rebutting the explanation given by the assessee u/s 68 ... account were not rejected and the sales of the assessee have not been disturbed the Revenue authorities are precluded from making any addition u/s 68 of the Act in respect of the cash deposits made into bank account during demonetization period.” 16. In view of above material fact and well

Ambey Laboratories Limited, Delhi vs. Assistant Commissioner of Income Tax, Delhi

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

ITA 2334/DEL/2024[2017-18]Status: DisposedITAT Delhi27 Jun 2025AY 2017-18

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahmanambey Laboratories Limited, Vs. Acit, Circle 2(2), Ground Floor, Property No.555, Delhi. Tarla Mohalla Ghitorni, Delhi – 110 030. (Pan : Aaaca4317R) (Appellant) (Respondent) Assessee By : Ms. Apoorva Bhardwaj, Ca Revenue By : Shri Ashish Tripathi, Sr. Dr Date Of Hearing : 24.04.2025 Date Of Order : 27.06.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 31.01.2024 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income On 04.11.2017 Declaring Loss Of Rs.15,30,39,,439/-. The Case Was Selected For Scrutiny Under Cass & Notices Under Section 143(2) & 142(1) Of The Income-Tax

For Appellant: Ms. Apoorva Bhardwaj, CAFor Respondent: Shri Ashish Tripathi, Sr. DR
Section 143(2)Section 36(1)(vii)Section 36(2)Section 68

same amount from unknown or other sources. Since assessee has not proved the genuineness of the transactions, he proceeded to make the addition u/s 68 of the Act. Further he observed that assessee has claimed financial cost to the extent of Rs.5,10,512/- in its Profit & Loss account ... assessee company, the account of the parties were credited with same amount from unknown sources/parties" is no ground for making the addition u/s 68 of the Act. It is humbly submitted that there is no requirement under the law that Investor has to made the investment out of income only