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

Bishwa Nath Kharakia, Kolkata vs. I.T.O., Ward-34(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1487/KOL/2019[2010-11]Status: DisposedITAT Kolkata23 Apr 2021AY 2010-11

Bench: Shri P.M. Jagtap(Kz)] [Through Virtual Court] I.T.A. No. 1487/Kol/2019 Assessment Year: 2010-11 Bishwa Nath Kharakia......................................……………………………………………………Appellant 39, Strand Road, Room – 68, Kolkata – 700 001. [Pan: Afopk 1288 D] Vs Ito, Ward – 34(1), Kolkata...................……………………………………………….............Respondent Appearances By: Shri S.M. Surana, Advocate Appearing On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit, Sr. Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : April 19, 2021 Date Of Pronouncing The Order : April 23, 2021 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-10, Kolkata Dated 26.04.2019 & The Grounds Raised By The Assessee Therein Read As Under: “I. That The Ld. Cit (Appeals) Erred In Confirming The Action Of The Learned Income Tax Officer In Making An Addition Of Rs. 8,30,797/-, As Alleged Cash Credit, In Place Of Treating The Same As Long Term Capital Gain Earned By The Appellant On Sale Of Shares Exempt U/S 10(38) Of The I.T. Act, 1961. The Learned Cit(A) Has Confirmed The Said Addition On The Alleged Ground That The Transactions Looked To Him As Unnatural & Suspicious In Nature. He Should Have Appreciated That The Shares Were In The Demat Account Of The Appellant For More Than 4 (Four) Years & There Was No Specific Adverse Information Against The Appellant From Dit (Inv.) Ii. That The Learned Cit (Appeals) Erred In Confirming An Addition Of Rs. 4154/- U/S 69C Of The I.T. Act As Alleged

Section 10(38)Section 143(1)Section 147Section 147iSection 148Section 68Section 69C

Fino Fintech Foundation, Mumbai vs. DCIT 10(3), Mumbai

In the result, the appeals filed by the assessee are hereby allowed

ITA 1914/MUM/2016[2011-12]Status: DisposedITAT Mumbai21 Apr 2021AY 2011-12

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 1914/Mum/2016 (निर्धारण वर्ा / Assessment Year: 2011-12) M/S. Fino Fintech Foundation बिधम/ Dcit 10(3) Tarun Bharat, Plot No.38/39, Mumbai. Vs. Sector No.30, Near Sanpada Railway Station Navi Mumbai-4000705. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcf1125D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Piyush Mitra (Ar) Revenue By: Ms. Usha Gaikwad (Dr) सुनवाई की तारीख / Date Of Hearing: 16/02/2021 घोषणा की तारीख /Date Of Pronouncement: 21/04/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 31.12.2015 Passed By The Commissioner Of Income Tax (Appeals)-24, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2010-11. 2. The Assessee Has Raised The Following Grounds: - " 1. The Order Of The Cit(A) Is Against The Facts & Circumstances Of The Case & Against The Preponderances Of Probability Of The Circumstantial Evidences. 2) Whether On The Facts & Circumstances Of The Case, The Cit(A) Is Justified In Confirming The Addition Of Rs. 18,731,000/- U/S 68 Made By

For Appellant: Shri Piyush Mitra (AR)For Respondent: Ms. Usha Gaikwad (DR)
Section 133(6)Section 143(2)Section 25Section 68