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

The Dy. CIT, Circle-1(1)(1), Surat vs. Ellsons Developers Pvt. Ltd., Surat

ITA 1485/AHD/2017[2012-13]Status: DisposedITAT Surat27 May 2021AY 2012-13

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.1485/Ahd/2017 ("नधा"रणवष" / Assessment Years: (2012-13) (Virtual Court Hearing) The Dcit, Circle-1(1)(1), Vs. Ellsons Developers Pvt. Ltd., 2/2222, 2Nd Floor, Avichal Krupa, Nagar Surat. Sheri, Mahidharpura, Surat-395002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacce5530E (Assessee) (Respondent) Assessee By : Shri Rasesh Shah, Ca Revenue By : Shri O.P. Vaishnav, Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 11/05/2021 घोषणाक"तार"ख/Date Of Pronouncement : 27/05/2021 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Appeal Filed By The Revenue, Pertaining To The Assessment Year (Ay) 2012-13, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-3, Surat [In Short “The Ld. Cit(A)”] In Appeal No. Cas- 3/Trfd-1/404/2015-16, Dated 31.03.2017, Which In Turn Arises Out Of An Order Passed By Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”], Dated 31.03.2015. The Grievances Raised By The Revenue Are As Follows: “1.Whether, On The Facts & Circumstances Of The Facts & In Law, Ld. Cit(A) Was Justified In Deleting The Addition Made On Account Of Unexplained Share Application & Share Premium Amounting To Rs. 4,50,00,000/- Without Appreciating The Facts That During The Course Of Assessment Proceedings, The Assessee Company Could Not Satisfy The Creditworthiness, Identity Of The Alleged Investors & Genuineness Of Transaction Remained Unexplained? 2. On The Facts & Circumstances Of The Case, Ld. Cit(A) Ought To Have Upheld The Order Of The Assessing Officer. 3. It Is, Therefore, Prayed That The Order Of Ld. Cit(A) May Be Set Aside & That Of Assessing Office May Be Restored To The Above Extent.” Assessment Years.2012-13

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri O.P. Vaishnav, CIT(DR)
Section 133(6)Section 142(1)Section 143(3)

Rakesh Bansal, New Delhi vs. ACIT Circle-34(1), New Delhi

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

ITA 2559/DEL/2019[2015-16]Status: DisposedITAT Delhi25 May 2021AY 2015-16

Bench: Shri R.K. Panda & Shri Vijay Pal Raoassessment Year: 2015-16 Rakesh Bansal, Vs Acit, 403, Swastik Apartments, Plot Circle-34(1), No.2, Sec.09, New Delhi. Rohini, New Delhi. Pan: Aaipb2567R (Appellant) (Respondent) Assessee By : Shri Raj Kumar Gupta, Ca & Shri J.B. Sharma, Ca Revenue By : Shri Farhat Khan, Sr. Dr Date Of Hearing : 25.05.2021 Date Of Pronouncement : 25.05.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Ex Parte Order Dated 26.11.2018 Of The Cit(A)-12, New Delhi, Relating To Assessment Year 2015-16. 2. Although A Number Of Grounds Have Been Raised By The Assessee, These All Relate To The Order Of The Cit(A) In Confirming The Addition Of Rs.4,22,00,498/- Made By The Ao U/S 68 & 69C Of The It Act, 1961. 3. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed His Return Of Income On 30Th January, 2016 Declaring Net Taxable Income At Rs.87,16,680/-. During The Year Under Consideration, The Assessee Has Derived Income From House Property, Salary Income As Director In Different Companies & Income From Other Sources. The Assessee Is Also A Partner In M/S High Seas Trading Corporation. During The Course Of Assessment Proceedings, The Ao Noted That The Assessee Has Claimed An Exemption Of Rs.4,11,45,660/- U/S 10(38) Of The It Act On Account Of Long-Term Capital Gain By Way Of Trading In The Scrips Of Icvl Chemicals Limited. From The Various Details Furnished By The Assessee, The Ao Noted That The Assessee Has Entered Into The Following Transactions:-

For Appellant: Shri Raj Kumar Gupta, CA &For Respondent: Shri Farhat Khan, Sr. DR
Section 09Section 10(38)Section 143(3)Section 68Section 69C