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

Filpa Associates, Mumbai vs. ITO-31(1)(4), Mumbai

The appeal stand allowed in terms of our above order

ITA 4761/MUM/2019[2015-16]Status: DisposedITAT Mumbai02 Aug 2021AY 2015-16

Bench: Hon’Ble Shri Amarjit Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील िं./ I.T.A. No.4761/Mum/2019 (धििाारण वर्ा / Assessment Year: 2015-16) Filpa Associates Ito-31(1)(4) Flat No. 26(702), C-Wing, 7Th Floor, 6Th Floor, Kautilya Bhavan, G Block, बिाम/ Saibaba Enclave Tower, Bldg-3 Bandra Kurla Complex Off S. V. Road, Near Citi Centre Bandra East, Vs. C D Baug Lane, Goregaon West, Mumbai-400 051 Mumbai-400 062 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aaaaf-1651-K (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Hitesh Shah– Ld. Ar Revenue By : Ms. Usha Gaikwad– Ld. Dr ुनवाई की तारीख/ : 28/07/2021 Date Of Hearing घोषणा की तारीख / : 02/08/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. In This Appeal For Assessment Year (Ay) 2015-16, The Assessee Is Aggrieved By Confirmation Of Certain Addition U/S 68 For Rs.50,105/-. 2. The Ld. Ar Submitted That The Addition Represent Cost Price Of Shares Sold By The Assessee. The Ld. Ar Submitted That Long-Term Capital Gain Arising On Sale Of Share Was Declared By The Assessee Under Income Disclosure Scheme, 2016. However, Ld. Ao Made Further

For Appellant: Shri Hitesh Shah– Ld. ARFor Respondent: Ms. Usha Gaikwad– Ld. DR
Section 263Section 68

Income Tax Officer 32 (1) (2), Mumbai vs. Shri Chiranjilal B Shah, Mumbai

Appeal of the Revenue is dismissed, being devoid of any merit

ITA 5791/MUM/2019[2009-10]Status: DisposedITAT Mumbai30 Jul 2021AY 2009-10

Bench: Shri Vikas Awasthy & Shri Manoj Kumar Aggarwalआअसं. 5791/मुं/2019 (िन.व.2009-10) Ito-32(1)(2), Room No. 704, 7Th Floor, Kautilya Bhavan, Bandra Kurla Complex, Bandra(E), Mumbai-400051. ...... अपीलाथ+ /Appellant बनाम Vs. Shri Chiranjilal B Shah, 2, Patel Industrial Estate, S.V. Road, Dahisar (E), Mumbai-400068. Pan: Aafps3862D ..... ,ितवाद./Respondent अपीलाथ+ /ारा/ Appellant By : Sh. Sanjay J. Sethi ,ितवाद. /ारा/Respondent By : Sh. Sanjay Bhachawat सुनवाई क0 ितिथ/ Date Of Hearing : 09/06/2021 घोषणा क0 ितिथ/ Date Of Pronouncement : 30/07/2021 आदेश/ Order Per Vikas Awasthy, J.M: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-46, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 14.06.2019 For The Assessment Year 2009-10. आअसं. 5791/मुं/2019 (िन.व.2009-10) 2. Sh. Sanjay J. Sethi Representing The Department Submitted That During The Period Relevant To The Assessment Year (Ay) Under Appeal, The Assessee Had Obtained Bogus Purchase Bills Amounting To Rs. 1,64,732/- From Three Dealers, Declared As Hawala Operators By The Sales Tax Department, Government Of Maharashtra. During Assessment Proceedings, The Assessee Neither Produces The Said Dealers Nor Any Confirmations From Them Were Filed. No Document Was Furnished By The Assessee To Prove Trail Of Goods. Thus, The Assessee Failed To Discharge His Onus In Proving Authenticity Of The Dealers & The Purchases Made From Them. The Assessing Officer (Ao) After Considering The Entire Facts Estimated Gross Profit (Gp) @ 20% On Bogus Purchases & Made Addition Of Rs. 32,946/-. In First Appellate Proceedings, The Cit(A) Restricted The Addition To 10% Of The Bogus Purchases. The Ld. Dr Prayed For Restoring The Findings Of Ao.

For Appellant: Sh. Sanjay J. SethiFor Respondent: Sh. Sanjay Bhachawat

Income Tax Officer 32 (1) (4), Mumbai vs. Shri Deepak Kantilal Shah, Mumbai

Appeal of the Revenue is dismissed, sans merit

ITA 5790/MUM/2019[2011-12]Status: DisposedITAT Mumbai30 Jul 2021AY 2011-12

Bench: Shri Vikas Awasthy & Shri Manoj Kumar Aggarwalआअसं. 5790/मुं/2019 (िन.व.2011-12) Ito-32(1)(4), Room No. 706, 7Th Floor, Kautilya Bhavan, Bandra Kurla Complex, Bandra(E), Mumbai-400051. ...... अपीलाथ+ /Appellant बनाम Vs. Shri Deepak Kantilal Shah, 402, Gpoal Puri, N.R. Daulat Nagar, S. V. Road, Borivali (E), Mumbai-400066. Pan: Asaps9234L ..... ,ितवाद./Respondent अपीलाथ+ /ारा/ Appellant By : Sh. Sanjay J. Sethi ,ितवाद. /ारा/Respondent By : Sh. Anil Thakrar सुनवाई क0 ितिथ/ Date Of Hearing : 09/06/2021 घोषणा क0 ितिथ/ Date Of Pronouncement : 30/07/2021 आदेश/ Order Per Vikas Awasthy, J.M: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax Appeals-46 Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 07.05.2019 For The Assessment Year 2011-12. आअसं. 5790/मुं/2019 (िन.व.2011-12) 2. Sh. Sanjay J. Sethi Representing The Department Submitted That During The Period Relevant To Assessment Year (Ay) Under Appeal, The Assessee Had Obtained Bogus Purchase Bills Amounting To Rs. 51,31,646/- From Five Dealers, Declared As Hawala Operators By The Sales Tax Department, Government Of Maharashtra. During Assessment Proceedings, The Assessee Neither Produces The Said Dealers Nor Any Confirmations From Them Were Filed. No Document Was Furnished By The Assessee To Prove Trail Of Goods. Thus, The Assessee Failed To Discharge His Onus In Proving Authenticity Of The Dealers & The Purchases Made From Suspicious Dealers. The Assessing Officer (Ao) After Considering The Entire Facts Estimated Gross Profit (Gp) @ 12.5% On Bogus Purchases & Made Addition Of Rs. 6,41,456/-. In First Appellate Proceedings, The Cit(A) Restricted The Addition To 8% Of The Bogus Purchases. The Ld. Dr Prayed For Restoring The Findings Of Ao.

For Appellant: Sh. Sanjay J. SethiFor Respondent: Sh. Anil Thakrar