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

Immense Dealmark Pvt. Ltd., Kolkata vs. ITO, Ward - 9(3), Kolkata

In the result appeal of the assessee is allowed for statistical purposes

ITA 202/KOL/2018[2012-13]Status: DisposedITAT Kolkata01 Jan 2019AY 2012-13

Bench: Sri S.S. Godara & Sri M. Balaganesh) Assessment Year: 2012-13 Immense Dealmark Pvt. Ltd.......…………….......................…..……………….…...……..…….............Appellant 7, Red Cross Place 4Th Floor Kolkata – 700 001 [Pan : Aacci 7249 E] Vs. Income Tax Officer, Ward-9(3), Kolkata……...................................………………...…...........Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Addl. Cit D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 27Th , 2018 Date Of Pronouncing The Order : January 1St , 2019 Order Per Bench :- This Is An Appeal Preferred By The Assessee Against The Order Of Commissioner Of Income Tax (Appeals) -3, Kolkata, (Hereinafter Referred To As The “Ld. Cit(A)”), Dated 12/12/2017, Arising Out The Assessment Order Of The Assessing Officer (Hereinafter Referred To As The “Ld. Ao”), Dt. 07/03/2015, Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As The “Act”), Relating To Assessment Year 2012-13. 2. The Prime Ground Raised By The Assessee Apart From Contesting The Addition Made U/S 68 Of The Act, Is That The Ld. Cit(A) Erred In Passing Ex-Parte Order Against The Assessee.

Section 143(3)Section 68

DCIT, Circle - 1, Siliguri vs. M/S. Malda Flour Mills Pvt. Ltd., Siliguri

In the result, appeal of the revenue is dismissed

ITA 1476/KOL/2017[2014-15]Status: DisposedITAT Kolkata01 Jan 2019AY 2014-15

Bench: Sri S.S. Godara & Sri M. Balaganesh) Assessment Year: 2014-15 Dcit, Circle-1, Siliguri, …………………………..……..................................………………...……............Appellant Vs. M/S. Malda Flour Mills Pvt. Ltd...………….......................…..……..………….…...……..…….........Respondent 2Nd Mile Udayanchal Sevoke Road Siliguri – 734 001 [Pan : Aafcm 9275 P] Appearances By: Shri S.M. Surana, Advocate, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Cit D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 24Th , 2018 Date Of Pronouncing The Order : January 1St , 2019 Order Per Bench :- This Is An Appeal Of The Revenue Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals) – Siliguri, Kolkata (In Short The Ld Cita) In Appeal No. 39/Cit(A)/Slg/2016-17 Dated 26.04.2017 Against The Order Of Assessment Framed By The Learned Deputy Commissioner Of Income Tax, Circle-1, Siliguri (In Short The Ld Ao) U/S 144/143(3) Of The Act Dated 8.8.2016 For The Asst Year 2013-14. 2. The Only Issue To Be Decided In This Appeal Is As To Whether The Ld. Cit(A), Was Justified In Deleting The Addition Made In The Sum Of Rs.77 Lakhs/- On Account Of Share Application Money Received By The Assessee As Unexplained Cash Credit U/S 68 Of The Act, In The Facts & Circumstances Of The Case.

Section 144Section 68

Siddhartha Dasgupta, Kolkata vs. ACIT, Cir-25, Kolkata

In the result appeal of the assessee is dismissed

ITA 921/KOL/2016[2011-2012]Status: DisposedITAT Kolkata01 Jan 2019AY 2011-2012

Bench: Sri S.S. Godara & Sri M. Balaganesh) Assessment Year: 2011-12 Siddhartha Dasgupta………..........…………….......................…..……………….…...……..…….............Appellant A/2, 10 Central Park Jadavpur Kolkata – 700 032 [Pan : Adkpd 9923 G] Vs. Assistant Commissioner Of Income Tax, Circle-52/Now Circle-25, Kolkata……........Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee. Smt. Ranu Biswas, Addl. Cit D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 27Th , 2018 Date Of Pronouncing The Order : January 1St, 2019 Order Per Bench :- This Is An Appeal Preferred By The Assessee Against The Order Of Commissioner Of Income Tax (Appeals) -7, Kolkata, (Hereinafter Referred To As The “Ld. Cit(A)”), Dated 25/05/2016, Arising Out The Assessment Order Of The Assessing Officer (Hereinafter Referred To As The “Ld. Ao”), Dt. 28/03/2014, Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As The “Act”), Relating To Assessment Year 2011-12. 2. At The Outset, We Find That The Assessee Has Raised An Additional Ground Before Us Stating That The Notice U/S 143(2) Of The Act, Was Not Issued By The Competent Authority. At The Time Of Hearing, We Find That No Arguments Were Advanced By The Ld. A/R With Regard To This Ground. But From The Assessment Order, We Find That Notice U/S 143(2) & 142(1) Of The Act, Were Indeed Issued & Served On The Assessee. Hence We Dismiss This Additional Ground Raised By The Assessee On The Non Issuance Of Notice U/S 143(2) Of The Act, By The Competent Authority.

Section 143(2)Section 143(3)Section 68

I.T.O., Ward-12(2), Kolkata vs. M/S Multifold Agencies Pvt Ltd., Kolkata

ITA 2160/KOL/2016[2012-13]Status: DisposedITAT Kolkata01 Jan 2019AY 2012-13

Bench: Sri S.S. Godara & Sri M. Balaganesh) Assessment Year: 2008-09 Income Tax Officer, Ward-12(2), Kolkata……..................................………………...……............Appellant Vs. M/S. Multifold Agencies Pvt. Ltd.………….......................…..……..………….…...……..…….........Respondent 58A, Raja Basant Roy Road Kolkata – 700 029 [Pan : Aahcm 6326 M] Appearances By: Shri Subash Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Cit D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 27Th , 2018 Date Of Pronouncing The Order : January 1St , 2019 Order Per Bench :- This Is An Appeal Of The Assessee Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals) – 4, Kolkata (In Short The Ld Cita) In Appeal No. 1058/Cit(A)-4/Ward-12(2)/Kol/15-16 Dated 25.8.2016 Against The Order Of Assessment Framed By The Learned Income Tax Officer, Ward-12(2), Kolkata (In Short The Ld Ao) U/S 144/143(3) Of The Act Dated 3.3.2015 For The Asst Year 2012-13. 2. The Only To Be Decided In This Appeal Is As To Whether The Ld Cita Was Justified In Upholding The Addition Made U/S 68 Of The Act Towards Share Capital & Share Premium In The Sum Of Rs 1,80,00,000/-, In The Facts & Circumstances Of The Case.

Section 131Section 133(6)Section 144Section 68