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

Mr.Bharat Patodia, Mumbai vs. Dy. CIT CC-1(1), Mumbai

The appeal stand allowed

ITA 6012/MUM/2018[2014-15]Status: DisposedITAT Mumbai26 Jul 2021AY 2014-15

Bench: Hon’Ble Shri Amarjit Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील िं./ I.T.A. No.6012/Mum/2018 (धििाारण वर्ा / Assessment Year: 2014-15) & आयकरअपील िं./ I.T.A. No.6013/Mum/2018 (धििाारण वर्ा / Assessment Year: 2015-16) Shri Bharat Patodia Dcit Cc 1(1), बिाम/ R. No. 903, 9Th Floor, Old B-602, Plot No. C/3 Millenium Orchid, Sector-12, Kharghar, Cgo Building, M. K. Road, Vs. Navi Mumbai-410210 Mumbai-400 020 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Afnpp-9577-K (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Ms. Hiral Sejpal– Ld. Ar Revenue By : Shri Narendra Jangpangi– Ld. Cit-Dr ुनवाई की तारीख/ : 26/07/2021 Date Of Hearing घोषणा की तारीख / : 06/08/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 The Grievance Of The Assessee In Aforesaid Appeals For Assessment Years (Ay) 2014-15 & 2015-16 Is Common. It Is Admitted Position That Adjudication Of Any One Appeal Shall Equally Apply To The Other Appeal Also. For The Purpose Of Adjudication, The Appeal For Ay

For Appellant: Ms. Hiral Sejpal– Ld. ARFor Respondent: Shri Narendra Jangpangi– Ld. CIT-DR
Section 139(1)Section 143(3)Section 153ASection 68

Myra the Diamond Studio, Mumbai vs. ITO WD 33(2)(3), Mumbai

The appeal of the assessee is allowed

ITA 5939/MUM/2018[2007-08]Status: DisposedITAT Mumbai26 Jul 2021AY 2007-08

Bench: Shri Mahavir Singh, Vp & Shri S. Rifaur Rahman, Am आमकय अऩीर िं./ Ita No. 5939/Mum/2018 (ननधाायण वर्ा / Assessment Year 2007-08) M/S Myra- The Diamond Studio, The Commissioner Of Flat No.3, Monalisa, Road No.1, Income Tax (Appeals)-45, फनाभ/ House,1 St Bandra (W), Mumbai-400 050 103, Earnest Floor, Nariman Point, Vs. Mumbai-400067 (अऩीराथी / Appellant) (प्रत्मथी/ Respondent) स्थामी रेखा िं./Pan No. Aabfm0951F अऩीराथी की ओय े/ Appellant By : Shri M. Subramanian, Ar प्रत्मथी की ओय े/ Respondent By : Shri Bharat Andhale, Dr ुनवाई की तायीख / Date Of Hearing: 26.07.2021 घोर्णा की तायीख / Date Of Pronouncement: 26.07.2021 आदेश / O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / Per Mahavir Singh, Vp: This Appeal Of The Assessee Is Arising Out Of Order Of The Commissioner Of Income Tax (Appeals)]-45, Mumbai [In Short Cit(A)], In Appeal No. Cit(A)-45/Ito-33(2)(3)/Ita-23/2015-16 Vide Dated 23.07.2018. The Assessment Was Framed By The Income Tax Officer, Ward 33(2)(3), Mumbai (In Short Ito/ Ao) For The A.Y. 2006- 07 Vide Order Even Date 30.03.2015 Under Section 143(3) Read With Section 147 Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’). Myra The Diamond Studio; Ay 07-08 2. The Only Issue In This Appeal Of Assessee Is Against The Order Of Cit(A) Confirming The Action Of The Assessing Officer In Reopening Of Assessment Proceedings Under Section 147 Read With Section 148 Of The Act Despite The Fact That There Is No Failure On The Part Of The Assessee To Disclose All The Materials Facts Relating To Assessment & That Also Beyond Four Years. For This, Assessee Has Raised The Following Grounds: -

For Appellant: Shri M. Subramanian, ARFor Respondent: Shri Bharat Andhale, DR
Section 143(3)Section 147Section 148Section 151(2)