Section 268A of the Income Tax Act

Income-tax Act, 2025: s.373

Section 268A of the Income-tax Act, 1961 corresponds to section 373 (Filing of appeal by income-tax authority) of the Income-tax Act, 2025.

Read section 373 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 268A is Seth R. Dalmia v. CIT (110 ITR 644), cited in 40 of the 3,931 judgments on BharatTax that turn on this section.

Leading authorities on Section 268A

Seth R. Dalmia v. CIT
110 ITR 644 · 1977 · Supreme Court
40
citing judgments

An indirect connection between expenditure and income can be sufficient to establish the required nexus for deductibility under Section 57(iii). The connection need not be direct.

Krishnanand Agnihotri v. The State of Madhya Pradesh
1 SCC 816 · 1977 · Supreme Court
38
citing judgments

The burden of proving a transaction to be benami, or that the apparent owner is not the real owner, rests strictly on the party asserting it, requiring definite evidence or circumstances that reasonably infer the fact, not mere suspicion.

CIT v. H.H. Maharani Vijaykuverba Saheb of Morvi
100 ITR 67 · 1975 · High Court
27
citing judgments

The connection between an expenditure and the earning of income need not be direct; an indirect connection can establish the nexus between the expenditure incurred and the income earned for the purpose of Section 57(iii).

CIT v. Smt. Sushila Devi Khadaria
319 ITR 413 · 2009 · High Court
27
citing judgments

Expenditure is deductible under Section 57(iii) if it has a proximate and relevant connection to the earning of income, even if the income arises as a by-product of other activities.

Ajay Sharma v. Dy. CIT
30 Taxmann.com 109 · 2013 · Reported
25
citing judgments

Where no undisclosed income or incriminating material is found during a search, penalty under section 271AAB cannot be imposed. Additions based on alleged receivables from seized papers require direct material to establish undeclared income.

CIT v. Jagmohandas J. Kapadia
61 ITR 663 · 1966 · High Court
25
citing judgments

Expenditure is deductible under section 57(iii) of the Income Tax Act only if it is incurred solely for the purpose of making or earning dividend income.

DCIT v. Manish Agarwal
92 Taxmann.com 81 · 2018 · Reported
19
citing judgments

Section 271AAB of the Income-tax Act, 1961, does not mandate the imposition of penalty in every case of default; the Assessing Officer retains discretion to levy or not levy a penalty, which must be exercised judiciously considering all relevant circumstances.

CIT v. Madhukar K Inamdar HUF
318 ITR 149 · 2009 · High Court
7
citing judgments
ITO v. Palak Chinubhai Patel
137 Taxmann.com 194 · 2022 · ITAT
4
citing judgments
81 Taxmann.com 245 (Pune Trib) 2. M/s Nippon Paint India Pvt. Ltd. v. ACIT
16 Taxmann.com 352 · 2011 · High Court
3
citing judgments

Judgments on Section 268A

ITO 15(1)(3), Mumbai vs. Time Square Industries, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 5237/MUM/2013[2005-06]Status: DisposedITAT Mumbai20 Jun 2016AY 2005-06

Bench: Shri Shailendra Kumar Yadav, Jm & Shri Rajesh Kumar, Am आयकर अपीऱ सं./I.T.A. No.5237/Mum/2013 (ननधधारण वषा / Assessment Year : 2005-06) Income Tax Officer-15(1)(3), बनधम/ M/S Time Square Industries, Room No.108, C/O K V Shah & Co., 9-12B, Room Vs. 1St Floor, No.18 ,Ghaswala Building, Matru Mandir, Sir M V Road, Tardeo Road, Andheri (E), Mumbai-400007 Mumbai-400069 स्थधयी ऱेखध सं./ Pan : Aadft7360B अपीऱार्थी ओर से / Revenue By Shri Love Kumar प्रत्यर्थी की ओर से/Assessee By Shri Devang V Shah सुनवाई की तारीख / Date Of Hearing : 20.6.2016 घोषणा की तारीख /Date Of Pronouncement:20.6.2016 आदेश / O R D E R Per Rajesh Kumar, A. M: This Is An Appeal Filed By The Revenue Challenging The Order Dated 10.5.2013 Of Ld.Cit(A)-26, Mumbai, For Assessment Year 2005-06 By Which The Revenue Is Challenging The Deletion U/S 80Ib Of The Act. 2. We Find From The Orders Of Authorities Below That The Tax Effect Involved In The Above Referred Case Is Below The Monetary Limit (Rs. 10,00,000/-) Prescribed By The Central Board Of Director Taxes(Cbdt), Vide Its Circular No.21/2015(F.No.L42/2007-Itj (Pt.) Dated 10Th December, 2015. 3. Shri Devang K Shah Appeared On Behalf Of The Assessee. The Departmental Representative (Dr) On A Query By The Bench Fairly Conceded That The Tax Effect

Section 268ASection 80I

DCIT 7(3), Mumbai vs. Times Global Broadcasting Co. Ltd, Mumbai

In the result, the Revenue’s appeal is dismissed as not maintainable

ITA 3798/MUM/2014[2008-09]Status: DisposedITAT Mumbai02 Jun 2016AY 2008-09

Bench: Shri Sanjay Arora, Am & Shri Pawan Singh, Jm आयकर अपील सं./I.T.A. No.3798/Mum/2014 ("नधा"रण वष" / Assessment Year: 2008-09) Dy. Cit-7(3) Times Global Broad Casting Co. Ltd. बनाम/ Room No. 615, 6Th Floor, 1St Floor, Trade House, Kamla Mill Aayakar Bhavan, M. K. Road, Compound, Lower Parel, Vs. Mumbai-400 020 Mumbai-400 013 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacct 2259 F (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Vachaspati Tripathi ""यथ" क" ओर से/Respondent By : Mrs. Rashmi Kyal सुनवाई क" तार"ख / : 02.6.2016 Date Of Hearing घोषणा क" तार"ख / : 02.6.2016 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: This Is An Appeal By The Revenue Directed Against The Order By The Commissioner Of Income Tax (Appeals)-13, Mumbai (‘Cit(A)’ For Short) Dated 07.3.2014, Dismissing The Levy Of Penalty U/S. 271(1)(C) Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) For The Assessment Year (A.Y.) 2008-09 Vide Order Dated 26.04.2011. 2. At The Very Outset, It Was Submitted By The Ld. Authorized Representative (Ar), The Assessee’S Counsel, Ms. Rashmi Kyal, That The Tax Effect Of The Revenue’S Appeal Is Below Rs.10 Lacs & Which Is Therefore Not Maintainable U/S. 268A Of The Act In View Of The Recent Instruction Issued By The Board (Instruction No. 21 Of 2015 Dated 10.12.2015 (F. No. 279/Misc/142/2007-It(Pt)). The Ld. Departmental Representative

For Appellant: Shri Vachaspati TripathiFor Respondent: Mrs. Rashmi Kyal
Section 268ASection 271(1)(c)