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

ITO-32(3)(1), Mumbai vs. Shri Rahul M. Patel, Mumbai

Appeal of the Revenue is dismissed, sans merit

ITA 5771/MUM/2019[2009-10]Status: DisposedITAT Mumbai02 Jul 2021AY 2009-10

Bench: Shri Vikas Awasthyआअसं. 5771/मुं/2019 (िन.व.2009-10) Ito-32(3)(1), Room No. 734, 7Th Floor, Kautilya Bhavan, Bkc, ...... अपीलाथ' /Appellant Bandra (E), Mumbai-400051. बनाम Vs. Shri Rahul M. Patel, 1St Floor, Mehta Apartments, Tulsi Baug, Borivali (W), Mumbai-400103. Pan: Aacpp6284H ..... (ितवाद*/Respondent अपीलाथ' +ारा/ Appellant By : Ms. Smita Verma (ितवाद* +ारा/Respondent By : None सुनवाई क, ितिथ/ Date Of Hearing : 06/04/2021 घोषणा क, ितिथ/ Date Of Pronouncement : 02/07/2021 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 21.05.2019 For The Assessment Year (Ay) 2009-10. आअसं. 5771/मुं/2019 (िन.व.2009-10) 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Is Engaged In Manufacturing Of Kitchenware & Steel Products. On The Basis Of Information Received From The Sales Tax Department, Government Of Maharashtra, The Assessment For Ay 2009-10 In The Case Of Assessee Was Re- Opened. As Per Information Received, The Assessee Had Obtained Bogus Purchases Bills Amounting To Rs. 90,750/- From Three Dealers, Declared As Hawala Operators By The Sales Tax Department, Government Of Maharashtra. The Assessing Officer (Ao) Made Addition Of The Entire Alleged Bogus Purchases. The Assessee Carried The Issue In Appeal Before The Cit(A). The Cit(A) After Considering The Gross Profit (Gp) Declared By The Assessee, Escapement Of Value Added Tax (Vat) & Average Industry Margin Restricted The Addition To 10.5% On Alleged Bogus Purchases. Now, The Revenue Is In Appeal Against The Relief Granted By The Cit(A).

For Appellant: Ms. Smita VermaFor Respondent: None

ITO, W-6(3)(1), Mumbai vs. M/S. Ideen Furniture Pvt. Ltd. Mumbai, Mumbai

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

ITA 5756/MUM/2019[2009-10]Status: DisposedITAT Mumbai02 Jul 2021AY 2009-10

Bench: Shri Vikas Awasthyआअसं. 5756/मुं/2019 (िन.व.2009-10) Ito-6(3)(1), Room No. 503, 5Th Floor, Aayakar Bhavan, M.K. Road, New Marine Lines, ...... अपीलाथ' /Appellant Mumbai-400020. बनाम Vs. M/S Ideen Furniture Pvt. Ltd. 5Th Floor, Militia Apartment M.P. Road, Mazgaon, Mumbai-400010. Pan: Aabci5128F ..... (ितवाद*/Respondent अपीलाथ' +ारा/ Appellant By : Ms. Smita Verma (ितवाद* +ारा/Respondent By : Shri Mahesh Saboo सुनवाई क, ितिथ/ Date Of Hearing : 06/04/2021 घोषणा क, ितिथ/ Date Of Pronouncement : 02/07/2021 आदेश/ Order Per Vikas Awasthy, J.M: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-12, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 15.05.2019 For The Assessment Year (Ay) 2009-10. 2. Shri Mahesh Saboo Appearing On Behalf Of The Assessee Submitted That The Assessee Is Engaged In Business Of Interior Designing. The Assessment For आअसं. 5756/मुं/2019 (िन.व.2009-10) Ay 2009-10 In The Case Of Assessee Was Re-Opened On The Ground That The Assessee Has Obtained Bogus Purchase Bills Amounting To Rs. 3,59,436/- From Three Parties Viz: 1. Suraj Timber Mart Rs. 3,44,973/- 2. G.M. Enternational Rs. 8,800/- 3. Asian Steel Rs. 5,663/- Total Rs. 3,59,436/-

For Appellant: Ms. Smita VermaFor Respondent: Shri Mahesh Saboo

Shri Dholumal Alias Dholan Das Khatwani, Jaipur vs. Income Tax Officer, Ward-3-2, Jaipur

In the result, this appeal of the assessee is allowed partly

ITA 533/JPR/2019[2010-11]Status: DisposedITAT Jaipur30 Jun 2021AY 2010-11

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 533/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2010-11 Shri Dholumal Alias Dholan Das Cuke I.T.O., Vs. Khatwani, Ward-3(2), 129, Bani Park, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Adrpk 6555 C Appellant Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri K.L. Moolchandani (Ca) Jktlo Dh Vksj Ls@ Revenue By: Smt. Monisha Choudhary (Jcit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 22/06/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 30/06/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is The Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-I, Jaipur Dated 07/03/2019 For The A.Y. 2010-11. The Grounds Taken By The Assessee Are As Under: “1(A) On The Facts & In The Circumstances Of The Case, The Authorities Below Have Erred In Holding The View That The Statutory Notice U/S 147/148 Of The Act Issued In 'Incorrect' Name Is A Valid Notice. The Statutory Notice Issued In Incorrect Name Is Patently An Invalid Notice As Per Provisions Of Law & The Same Deserves To Be Quashed. 1(B) On The Facts & In The Circumstances Of The Case The Authorities Below Have Factually & Legally Erred In Turning Down The Various Objections Of The Appellant Regarding Initiation Of The Re-Assessment Proceedings U/S 147/148 Of The Act Without Appreciating The Facts Of The Case In Right Perspective & Also Without Addressing The Points At Issue. Thus The Findings Of The Authorities Below In This Regard Are Not Well Reasoned, The Same Deserve To Be Quashed Summarily.

For Appellant: Shri K.L. Moolchandani (CA)For Respondent: Smt. Monisha Choudhary (JCIT)
Section 132(4)Section 142(1)Section 147Section 148Section 269SSection 271DSection 3

Shri Kailash Chand Yadav, Sikar vs. Income Tax Officer, Ward, Neemkathana

In the result, this appeal of the assessee is allowed

ITA 173/JPR/2019[2014-15]Status: DisposedITAT Jaipur30 Jun 2021AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 173/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2014-15 Shri Kailash Chand Yadav, Cuke I.T.O., Vs. S/O-Shri Chhotu Ram Yadav, Ward-Neemkathana Dhani Amar Singh Wali Mundru, Tehsil-Srimadhopur, Sikar. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aiupy 2977 J Appellant Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Shravan Kr. Gupta (Adv) Jktlo Dh Vksj Ls@ Revenue By: Smt. Monisha Choudhary(Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 25/06/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 30/06/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is The Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-3, Jaipur Dated 23/01/2019 For The A.Y. 2014-15. The Grounds Taken By The Assessee Are As Under: “1. The Impugned Assessment Order U/S 143(3) Rws 147 Dated 19/12/2017 As Well As The Action Taken U/S 147/148 By The Ld. Ao Are Bad In Law, Invalid, Illegal & On Facts Of The Case, For Want Of Jurisdiction, Barred By Limitation & Various Other Reasons & Hence The Same May Kindly Be Quashed. 2. Rs.13,00,000/-: The Ld. Cit(A) Has Grossly Erred In Law As Well As On The Facts Of The Case In Confirming The Addition Of Rs. 13,00,000/- Made By The Ld. Ao On Account Of Cash Deposit Without Invoking Any Provision Of The It Act & By Ignoring The Material Evidences On Assumption Or Suspicion. Hence The Addition So Made By The Ld. Ao & Sustained By 2

For Appellant: Shri Shravan Kr. Gupta (Adv)For Respondent: Smt. Monisha Choudhary(Addl.CIT)
Section 143(3)Section 147Section 148Section 234