Section 68 of the Income Tax Act

Income-tax Act, 2025: s.102

Section 68 of the Income-tax Act, 1961 corresponds to section 102 (Unexplained credits) of the Income-tax Act, 2025.

Read section 102 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 68 is Pr. CIT v. Abhisar Buildwell (P.) Ltd. (149 Taxmann.com 399), cited in 2,379 of the 29,931 judgments on BharatTax that turn on this section.

Leading authorities on Section 68

Pr. CIT v. Abhisar Buildwell (P.) Ltd.
149 Taxmann.com 399 · 2023 · Supreme Court
2,379
citing judgments

An assessment under section 153A is without jurisdiction if there is an absence of incriminating material for an unabated assessment year.

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.
374 ITR 645 · 2015 · High Court
1,823
citing judgments

In Section 153A proceedings, the scope of assessment extends to abated proceedings, enabling an assessee to raise fresh legal claims that could have been made in regular assessment proceedings.

CIT v. Kelvinator of India Ltd.
320 ITR 561 · 2010 · Supreme Court
1,673
citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

CIT v. Durga Prasad More
82 ITR 540 · 1971 · Supreme Court
1,579
citing judgments

Tax authorities must judge evidence using the test of human probabilities and consider the apparent as real until there are reasons to believe it is not. They can rely on circumstantial evidence and the preponderance of probabilities to determine the genuineness of transactions.

GKN Driveshafts (India) Ltd. v. ITO
259 ITR 19 · 2003 · Supreme Court
1,349
citing judgments

When a notice under Section 148 of the Income Tax Act is issued, the Assessing Officer is bound to furnish reasons for reopening upon the assessee's request and must dispose of the assessee's objections to the notice by passing a speaking order.

Dhakeshwari Cotton Mills Ltd. v. CIT
26 ITR 775 · 1954 · Supreme Court
1,061
citing judgments

Corroborative evidence is essential to support evidence found on third-party premises, and an assessment cannot be based on suspicion, surmises, or conjecture.

ACIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd.
291 ITR 500 · 2007 · Supreme Court
1,030
citing judgments

For initiating reassessment proceedings under Section 147, the Assessing Officer needs only prima facie material providing a reason to believe that income has escaped assessment. Conclusive proof or the sufficiency/correctness of the material is not required at the stage of issuing the notice under Section 148.

CIT v. Orissa Corporation Pvt. Ltd.
159 ITR 78 · 1986 · Supreme Court
897
citing judgments

When an assessee provides the identity and address of a creditor or investor for a cash credit or share capital under Section 68, the burden shifts to the Department to establish lack of genuineness or creditworthiness, requiring it to conduct further inquiries; mere non-compliance by third parties to summons cannot be the sole basis for an adverse inference against the assessee.

Raymond Woollen Mills Ltd. v. ITO
236 ITR 34 · 1999 · Supreme Court
862
citing judgments

For reassessment proceedings under Section 148, the Assessing Officer only needs prima facie material to have a reason to believe income has escaped assessment. Conclusive proof or evaluation of the sufficiency and correctness of such material is not required at the stage of issuing the notice.

Judgments on Section 68

ACIT-24(1), Mumbai vs. M/S Do It Computers (Jv), Mumbai

The appeal stand dismissed

ITA 1967/MUM/2019[2012-13 (F.Y-2011-12)]Status: DisposedITAT Mumbai09 Aug 2021

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील िं./ I.T.A. No. 1967/Mum/2019 (धििाारण वर्ा / Assessment Year: 2012-13) Acit – 24(1), M/S Do It Computers (Jv) R. No. 604, Piramal Chambers, 201, Madhu Indl. Park बिाम/ Jeejeebhoy Lane, Lalbaug Avadh Narayan Tiwari Marg, Vs. Parel, Mumbai-400 012 Mograpada, Andheri(E), Mumbai-400 069 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aaffd-5828-A (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Revenue By : Shri Bharat Andhle, Ld. Sr. Dr Assessee By : Shri Anant Pai-Ld. Ar ुनवाई की तारीख/ : 09/08/2021 Date Of Hearing घोषणा की तारीख / : 09/08/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2012-13 Arises Out Of The Order Of Learned Commissioner Of Income-Tax (Appeals)-36, Mumbai [Cit(A)], Dated 30/01/2019 In The Matter Of Assessment Framed By Learned Assessing Officer (Ao) U/S 143(3) R.W.S. 147 On 04/03/2016. The Only Issue Under The Appeal Is Addition Of Unsecured Loans Of Rs.180 Lacs.

For Appellant: Shri Anant Pai-Ld. ARFor Respondent: Shri Bharat Andhle, Ld. Sr. DR
Section 143(3)Section 68

R & B Infra Project P. Ltd, Mumbai vs. DIT 13(3)(1), Mumbai

The appeal stand allowed for statistical purposes

ITA 4028/MUM/2017[2010-11]Status: DisposedITAT Mumbai05 Aug 2021AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील िं./ I.T.A. No.4028/Mum/2017 (धििाारण वर्ा / Assessment Year: 2010-11) M/S R & B Infra Project Pvt. Ltd. Dcit – 13(3)(1) बिाम/ B-1, Neela Apartment Room No. 229 S.V.P. Road, Borivali (West), Aayakar Bhavan, M. K. Road, Vs. Mumbai-400 092 Mumbai-400 020 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aaecm-3616-P (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Ms. Ruchi Rathod, Ld. Ar Revenue By : Shri Sunil Jha, Ld. Cit-Dr ुनवाई की तारीख/ : 05/08/2021 Date Of Hearing घोषणा की तारीख / : 05/08/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Confirmation Of Addition Of Rs.78.75 Lacs U/S 68 For Assessment Year (Ay) 2010-11 Vide Impugned Order Dated 20/03/2017, The Assessee Is In Further Appeal Before Us. 2. The Ld. Ar Sought Directions As Given In Tribunal’S Order In Assessee’S Own Case For Ay 2012-13, Ita No.5347/Mum/2016 Order Dated 24/09/2018, A Copy Of Which Has Been Placed On Record. The Ld. Dr Concurred That The Matter May Be Restored Back For Verification Etc.

For Appellant: Ms. Ruchi Rathod, Ld. ARFor Respondent: Shri Sunil Jha, Ld. CIT-DR
Section 68

Sri Ganraj Buildcon Private Limited, New Delhi vs. ACIT (OSD) Ward - 24(2), New Delhi

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

ITA 1760/DEL/2020[2016-17]Status: DisposedITAT Delhi04 Aug 2021AY 2016-17

Bench: Shri R.K. Pandaassessment Year: 2016-17 Sri Ganraj Buildcon Private Ltd., Vs. Acit (Osd), H-255, Phase-I, Ward-24(2), Ashok Vihar, New Delhi. New Delhi. Pan: Aavcs3068C (Appellant) (Respondent) Assessee By : None Revenue By : Shri R.K. Gupta, Sr.Dr Date Of Hearing : 04.08.2021 Date Of Pronouncement : 04.08.2021 Order This Appeal By The Assessee Is Directed Against The Ex Parte Order Dated 18Th February, 2020 Of The Cit(A)-8, New Delhi, Relating To Assessment Year 2016-17. 2. Notice Issued Through Registry Was Returned Unserved By The Postal Authorities With The Remark “Left Without Address.” Therefore, This Appeal Is Being Decided On The Basis Of Material Available On Record & After Hearing The Ld. Dr. 3. Although A Number Of Grounds Of Appeal Have Been Raised By The Assessee, These All Relate To The Ex Parte Order Of The Cit(A) In Confirming The Addition Of Rs.26,22,300/- Made By The Ao In The Order Passed U/S 143(3) Of The It Act, 1961. 4. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company & Is Engaged In The Business Of Real-Estate Developers, Builders, Engineers, Surveyors, Contractors, Etc. It Filed Its Return Of Income On 28Th March, 2017 Declaring The Total Income At Rs.32,840/-. The Case Of Assessee Was Selected For Limited Scrutiny Under Cass For The Following Reasons:- “(I) “High Cash In Hand Shown In Balance Sheet As Compared To Preceding Year & Return Of Income Filed After 07.11.2016. Whether Cash In Hand Shown In Return Of Income Is Correct” & (Ii) “Large Investment In Property As Compared To Total Income & Whether Investment & Income Relating To Properties Are Duly Disclosed".

For Appellant: NoneFor Respondent: Shri R.K. Gupta, Sr.DR
Section 142(1)Section 143(3)Section 68