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

Income-Tax Officer, Nashik vs. Sanjay Manikrao Shewale, Nashik

In the result, the appeal filed by the Revenue stands dismissed

ITA 1401/PUN/2017[2012-13]Status: DisposedITAT Pune13 Jan 2021AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.1401/Pun/2017 िनधा"रण वष" / Assessment Year : 2012-13 Ito, Ward-2(1), .......अपीलाथ" / Appellant Nashik. बनाम / V/S. Sanjay Manikrao Shewale, Shop No.08, Shivshkti Apartment, Samarth Nagar, Nashik-422005. ……""यथ" / Respondent Pan : Abjps2377N Revenue By : Shri Sudhendu Das Assessee By : None सुनवाई क" तारीख / Date Of Hearing : 13.01.2021 घोषणा क" तारीख / Date Of Pronouncement : 13.01.2021 आदेश / Order This Is An Appeal Filed By The Revenue Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-2, Nashik (‘Cit(A)’ For Short) Dated 20.03.2017 For The Assessment Year 2012-13. 2. It Is Stated Before Us That The Tax Effect In The Present Appeal Is Less Than Rs.50 Lakhs & Therefore, The Circular No.17/2019 Dated 08.08.2019 Issued By The Central Board Of Direct Taxes (Cbdt) In Exercise Of Its Power Vested Under Sec.268A(1) Of The It Act Comes Into Play Wherein, The Monetary Limit For Filing The Appeal By The Revenue Before The Itat & Various High Courts As Well As Apex Court Are Revised With An Object Of Reducing The Tax Litigation. Vide Para 3 Of The Said Circular (Supra) It Is Stated That In Cases Where The Tax Effect In The Appeals To Be Filed Before The Appellate Tribunal Does Not Exceed Rs.50 Lakhs Appeals Should Not Be Filed. Thus, Taking A Note

For Appellant: NoneFor Respondent: Shri Sudhendu Das
Section 268A(1)

Income-Tax Officer, Ward - 1, Jalna vs. Smt. Surekha Jitendra Agrawal, Jalna

In the result, the appeal filed by the Revenue stands dismissed

ITA 2943/PUN/2017[2013-14]Status: DisposedITAT Pune08 Jan 2021AY 2013-14

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.2943/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 Ito, Ward-1, .......अपीलाथ" / Appellant Jalna. बनाम / V/S. Smt. Surekha Jitendra Agrawal, Prop. J. J. Sponge Iron, Shop No.24 & 25, Br. R. Jindal Super Market, M. G. Road, Jalna. ……""यथ" / Respondent Pan : Ajkpa1250D Revenue By : Shri Sudhendu Das Assessee By : Shri K. Srinivasan सुनवाई क" तारीख / Date Of Hearing : 08.01.2021 घोषणा क" तारीख / Date Of Pronouncement : 08.01.2021 आदेश / Order This Is An Appeal Filed By The Revenue Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-1, Aurangabad (‘Cit(A)’ For Short) Dated 20.09.2017 For The Assessment Year 2013-14. 2. It Is Stated Before Us That The Tax Effect In The Present Appeal Is Less Than Rs.50 Lakhs & Therefore, The Circular No.17/2019 Dated 08.08.2019 Issued By The Central Board Of Direct Taxes (Cbdt) In Exercise Of Its Power Vested Under Sec.268A(1) Of The It Act Comes Into Play Wherein, The Monetary Limit For Filing The Appeal By The Revenue Before The Itat & Various High Courts As Well As Apex Court Are Revised With An Object Of Reducing The Tax Litigation. Vide Para 3 Of The Said Circular (Supra) It Is Stated That In Cases Where The Tax Effect In The Appeals To Be Filed Before The Appellate Tribunal

For Appellant: Shri K. SrinivasanFor Respondent: Shri Sudhendu Das
Section 268A(1)

Assistant Commissioner of Income-Tax, Ahmednagar Circle, Ahmednagar vs. Smt. Bharti Indrakumar Mutha, Ahmednagar

In the result, the appeal filed by the Revenue stands dismissed

ITA 2201/PUN/2017[2013-14]Status: DisposedITAT Pune05 Jan 2021AY 2013-14

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.2201/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 Acit, Ahmednagar Circle, .......अपीलाथ" / Appellant Ahmednagar. बनाम / V/S. Smt. Bharti Indrakumar Mutha, Lalchand Lakhmichand, Vardhaman, Sarda Lane, Ahmednagar-414001. ……""यथ" / Respondent Pan : Abapm3614K Revenue By : Shri S. P. Walimbe Assessee By : Shri Suhas P. Bora सुनवाई क" तारीख / Date Of Hearing : 05.01.2021 घोषणा क" तारीख / Date Of Pronouncement : 05.01.2021 आदेश / Order This Is An Appeal Filed By The Revenue Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-2, Pune (‘Cit(A)’ For Short) Dated 22.06.2017 For The Assessment Year 2013-14. 2. It Is Stated Before Us That The Tax Effect In The Present Appeal Is Less Than Rs.50 Lakhs & Therefore, The Circular No.17/2019 Dated 08.08.2019 Issued By The Central Board Of Direct Taxes (Cbdt) In Exercise Of Its Power Vested Under Sec.268A(1) Of The It Act Comes Into Play Wherein, The Monetary Limit For Filing The Appeal By The Revenue Before The Itat & Various High Courts As Well As Apex Court Are Revised With An Object Of Reducing The Tax Litigation. Vide Para 3 Of The Said Circular (Supra) It Is Stated That In Cases Where The Tax Effect In The Appeals To Be Filed Before The Appellate Tribunal Does Not Exceed Rs.50 Lakhs Appeals Should Not Be Filed. Thus, Taking A Note

For Appellant: Shri Suhas P. BoraFor Respondent: Shri S. P. Walimbe
Section 268A(1)