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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

Sheree Maa Chintpurni Alloys, Punjab vs. NFAC Delhi Jurisdictional Officer Ward 1 Gobindgarh, Punjab

The appeal stand allowed for statistical purposes

ITA 859/CHANDI/2023[2018-2019]Status: DisposedITAT Chandigarh09 Jun 2025AY 2018-2019

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.859/Chandi/2023 (िनधा"रणवष" / Assessment Year: 2018-19) Sheree Maa Chintpurni Alloys Ito बनाम/ Vs. Dharam Mill Road Mandi Gobindgarh. Mandi Gobindgarh147301 "थायीलेखासं./जीआइआरसं./Pan/Gir No.Abqfs-7118-E (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 04-06-2025 घोषणाकीतारीख /Date Of Pronouncement : आदेश / O R D E R Per Laliet Kumar () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Central (Nfac), Delhi [Cit(A)] Dated 30-10-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] On Best Judgment Basis U/S. 144 Of The Act On 12-04-2021. The Sole Grievance Of The Assessee Is Assessment Of Estimated Business Income & Confirmation Of Addition U/S 68. The Ld.

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 144Section 68

sole grievance of the assessee is assessment of estimated business income and confirmation of addition u/s 68. The Ld. CIT(A) has confirmed the same for want of any representation from the assessee. Aggrieved, the assessee is in further appeal before us. The Ld. AR has sought another opportunity

Sperry Plast Ltd, New Delhi vs. DCIT, New Delhi

In the result, the Appealof the Assessee is allowed

ITA 4793/DEL/2024[2017-18]Status: DisposedITAT Delhi04 Jun 2025AY 2017-18

Bench: Shri M. Balaganesh & Sh. Yogesh Kumar U.S.Sperry Plast Vs. Dcit 208, 2Nd Floor, Akashdeep Central Circle-6, Building, Barakhamba New Delhi Road, Connaught Place, S.O. Connaught Place, New Delhi Pan: Aaacs2623L Appellant Respondent Assessee By Ca Amit Goel, Advocate Deepanshusingla & Advocate Pranav Yadav Revenue By Sh. Mahesh Kumar Cit(Dr) Date Of Hearing 06/05/2025 Date Of Pronouncement 04/06/2025 Order Per Yogesh Kumar, U.S. Jm: This Appeal Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals)-24, New Delhi (‘Ld. Cit(A)’ For Short) Delhi Dated 16/08/2024 For The Assessment Year 2017-18. 2. The Grounds Of Appeal Are As Under:- “1. That Under The Facts & Circumstances Of The Case, The Impugned Order Dated 16.08.2024 Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act"), Partly Dismissing The Grounds Of Appeal & Sustaining The Addition Of Rs. 2,50,00,000/- In Place Of Returned Income As Returned By The Assessee Is Bad In Law On Account Of Several Grounds & Assessee/Appellant Denies Its Liability To Be Assessed For Any Income Other Than The Income Already Returned By The Assessee & Any Consequential Demand Thereon.

Section 115BSection 143(3)Section 250Section 68

proceedings initiated against the Assessee. An assessment order came to be passed u/s 143(3) of the Act on 30/12/2019 by making an addition u/s 68 r.w. Section 115BBE of the Act of Rs. 22,01,62,000/- treating the unsecured loans received as bogus entries and further made addition