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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

Proxima Creations, Pune vs. PCIT, Pune-2, Pune

In the result, the appeal filed by the assessee is dismissed

ITA 1041/PUN/2024[2018-19]Status: DisposedITAT Pune03 Jun 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1041/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Proxima Creations, Vs. Pcit, Pune-2. Prop. -1, Business Centre, Level-1, Senapati Bapat Road, Pune- 411016. Pan : Aakfp9790Q Appellant Respondent Assessee By : None Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 08.04.2025 Date Of Pronouncement : 03.06.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.03.2024 Passed By Ld. Pcit, Pune-2 [Ld. Pcit’] For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. Order Passed By The Ld. Principal Cit U/S 263 Is Not Tenable Either In Law Or In The Facts Of The Case As The Order Passed By The Ao U/S 144 Did Not Contain Any Error Which Was Prejudicial To The Interest Of Revenue. 2. Order Passed By The Additional Principal Cit U/S 263 Is Bad In Law Being Violative Of Principle Of Natural Justice. 3. The Ld. Principal Cit Has Erred In Holding That Two Different Sets Of Profit & Loss Accounts Were Prepared By The Assessee.

For Appellant: NoneFor Respondent: Shri Ajay Kumar Keshari
Section 143(2)Section 144Section 263Section 45(4)

challenged the same before Ld. CIT(A). We also find that the Assessing Officer has made additions on account of disallowance u/s 43B, addition u/s 68 r.w.s. section 115BBE of the IT Act on account of unproved loans and estimated addition on account of long-term capital gain. However, according

Mohit Sukhija, New Delhi vs. Nfa, New Delhi

In the result, appeal filed by the assessee is allowed

ITA 4661/DEL/2024[2017-18]Status: DisposedITAT Delhi30 May 2025AY 2017-18

Bench: Ms. Madhumita Roy & Shri Manish Agarwalmohit Sukhija, Nfa, 7D, Pocket A, Vikas Puri, New Delhi New Delhi-110018 Vs. Pan: Andps5089H (Appellant) (Respondent) Assessee By Sh. Anil Chopra, Ca Department By Sh.Virender Kumar Singh, Sr.Dr Date Of Hearing 07.05.2025 Date Of Pronouncement 30.05.2025 O R D E R Per Manish Agarwal, Am: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, New Delhi [“Ld. Cit(A)”], Dated 29.08.2023 In Appeal No. Nfac/2016-17/10164171 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short) For Assessment Year 2017-18. 2. This Appeal Filed By The Assessee Is Delayed By 343 Days. For The Delay, Assessee Filed An Application For Condonation Of Delay Wherein It Is Stated That Assessee Was Out Of Country When The Order Of Commissioner Of Income Tax (Appeal) Was Passed & Served Through E-Filing Portal. Therefore, He Was Not Aware About The Order Of Ld. Cit(A) & The Appeal Could Not Be Filed In Time. He Also Filed The Copy Of The Passport Having Visa & Details Of Travelling Outside India, In Support Of The Claim That He Was Out Of India During The Period When The Order Was Served Upon Him. He Further Stated That As Soon He Returned To India & Came To Know About The Order Of Ld. Cit (A), Immediately He Filed The Appeal & Therefore, Prayed For The Condonation Of Delay In Filing The Appeal.

Section 142(1)Section 144Section 148Section 250Section 44ASection 69A

well as the sales. Since, the assessee has already admitted the sales as revenue receipt, there is no case for making the addition u/s 68 or tax the same u/s 115BBE again. This view is also supported by the decision of Hon'ble Delhi High Court in the case