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

Shri Sujay Kumar Shah, Kolkata vs. ITO, Ward -44(4), Kolkata

Appeal is allowed

ITA 1719/KOL/2016[2008-09]Status: DisposedITAT Kolkata28 Dec 2018AY 2008-09

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2008-09 Shri Sujay Kumar Shah V/S. Income Tax Officer, 231, M.D. Road, Ward-44(4), 3, Govt. Place, 2Nd Floor, Kokata-700 007 [Pan No.Alrps 1195 G] Kolkata-700001 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri A.K. Tulsyan, Fca अपीलाथ" क" ओर से/By Appellant Shri Robin Choudhury, Addl. Cit-Sr-Dr ""यथ" क" ओर से/By Respondent 05-12-2018 सुनवाई क" तार"ख/Date Of Hearing घोषणा क" तार"ख/Date Of Pronouncement 28-12-2018 आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2008-09 Arises Against The Commissioner Of Income Tax (Appeals)-13 Kolkata’S Order Dated 21.03.2016 In Case No.517/Cit(A)-13/Kol/W-44(4)/2014-15 Involving Proceedings U/S 144 Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. We Notice At The Outset That This Assessee’S Appeal Suffers From 55 Days Delay In Filing. He Has Filed His Condonation Petition Dated 17.04.2018 Attributing Reasons Thereof To His Auditor’S Failure In Following All Due Procedures. The Revenue’S Fair Enough In Not Disputing Correctness Of Assessee’S Solemn Averments Therein. We Therefore Condone The Impugned Delay Of 55 Days In Filing Being Neither Intentional Nor Deliberate. The Case Is Taken Up Adjudication On Merits.

Section 144Section 68

M/S Chariot Agency (P) Ltd., Kolkata vs. ITO, Ward - 6(1), Kolkata

Appeal is allowed for statistical purposes in above terms

ITA 2476/KOL/2017[2009-10]Status: DisposedITAT Kolkata26 Dec 2018AY 2009-10

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2009-10 M/S Charoit Agency (P) V/S. Income Tax Officer, Ltd., Dashadrone, Ground Ward-6(1), Aayakar Floor, Dowaripara, P.O. R. Bhawan,P-7, Goplapura, P.Baguihati, Chowringhee Square, 6Th Floor, Kolkata-69 Kolkata-700136 [Pan No.Aadcc 5568 P] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.M. Surana, Advocate अपीलाथ" क" ओर से/By Appellant Shri Robin Choudhury, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 03-12-2018 सुनवाई क" तार"ख/Date Of Hearing 26-12-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2009-10 Arises Against The Commissioner Of Income Tax (Appeals)-23, Kolkata’S Order Dated 20.03.2017 Passed In Case No.148/Cit(A)-23/W-6(1)/16-17 Involving Proceedings U/S 143(3) R.W.S. 144 R.W.S. 147 Rw.S. 263 Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Sides. Case File Perused. 2. This Assessee’S Sole Substantive Ground Raised In The Instant Appeal Challenges Both The Lower Authorities’ Action Treating Its Share Application / Premium Amounting To ₹5,86,15,000/- To Be Its Unexplained Cash Credits U/S 68 Of The Act. We Notice At The Outset That The Cit(A) Has Passed His Lower Appellate Order Ex Parte Against The Assessee Whilst Affirming The Assessing Officer’S Action Making The Impugned Addition. It Transpires During The Course Of Hearing That Cit(A) Had Failed To Serve The Relevant Hearing Notice At The First Instance. He Then Deputed His Office

Section 143(3)Section 250(6)Section 68

Shri Udit Agarwal, Kolkata vs. DCIT(It)-2(1), Kolkata

Appeal is allowed accordingly

ITA 1839/KOL/2017[2014-15]Status: DisposedITAT Kolkata26 Dec 2018AY 2014-15

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2014-15 Shri Udit Agarwal V/S. Dcit (It)-2(1), 110, 3, Madan Mohan Burman Shanti Pally, Kolkata- Street, Kolkataa-007 107 [Pan No.Ahupa 0424 B] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Subash Agarwal, Advocate अपीलाथ" क" ओर से/By Appellant Shri Robin Choudhury, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 03-12-2018 सुनवाई क" तार"ख/Date Of Hearing 26-12-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2014-15 Arises Against The Commissioner Of Income Tax (Appeals)-22,Kolkata’S Order Dated 10.05.2017 Passed In Case No.71/Cit(A)/22/Kol/14-15/16-17 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Learned Representatives. Case File Perused. 2. The Assessee’S Sole Substantive Ground Challenges Correctness Of Both The Lower Authorities’ Action Treating Its Long Term Capital Gains (Ltcg) Of ₹64,99,391/- To Be Unexplained Cash Credits U/S 68 Of The Act. The Cit(A)’S Detailed Discussion To This Effect Reads As Under:- ”06. Decision: 1. I Have Carefully Considered The Action Of The Ld. Ao In Treating The Amount Of Rs.67,24,391/- Being Claimed By The Appellant To Be Proceeds Of Shares Sold To Be Ltcg & Claimed As Exempt. The Findings Of The Ld. Ao Are Based On The Information Being Supplied By The Investigation Wing Of The Department At Kolkata. I Have Also Carefully Examined The Submissions Of The Appellant, Wherein

Section 143(3)Section 68

ITO, Ward - 40(2), Kolkata vs. Shri Suresh Chand Gupta, Kolkata

Appeal is dismissed

ITA 1730/KOL/2017[2014-15]Status: DisposedITAT Kolkata26 Dec 2018AY 2014-15

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2014-15 Ito Ward-40(2) V/S. Shri Suresh Chand Gupta 2Nd Floor, 3 16, Tara Chand Dutta Government Place Street, Kolkata-700073 West,Kolkata-700001 [Pan No.Aczpg 0724 C] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Ajoy Kr. Singh, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Manish Tiwari, Fca ""यथ" क" ओर से/By Respondent 26-11-2018 सुनवाई क" तार"ख/Date Of Hearing 26-12-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2014-15 Arises From The Commissioner Of Income Tax (Appeals)-12, Kolkata’S Order Dated 20.04.2017, Passed In Case No.10190/Cit(A)-12/Kol/Ward-40(2)/2016-17, In Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Revenue’S Sole Substantive Ground Raised In The Instant Appeal Pleads That The Cit(A) Has Erred In Law & On Facts In Reversing The Assessing Officer’S Action Treating Assessee’S Alleged Long Term Capital Gains (Ltcg) Of ₹3,84,74,960/- To Be Bogus In The Nature Of Unexplained Cash Credits U/S 68 Of The Act. The Cit(A)’S Detailed Discussion Qua The Impugned Sole Issue Reads As Under:- “3.2 I Have Perused The Observations & Findings Contained In The Assessment Order. I Have Also Considered The Submission Of The Appellant Along With Paper Book Filed By Ld. A/R Which Contained, Inter-Alia, The Following Documents:-

Section 10(38)Section 142(1)Section 143(3)Section 68

M/S. Bhawani Merchants Pvt. Ltd., Kolkata vs. ITO, Ward - 5(3), Kolkata

Appeal is allowed for statistical purposes in above terms

ITA 1395/KOL/2017[2012-13]Status: DisposedITAT Kolkata26 Dec 2018AY 2012-13

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godaraassessment Year:2012-13 M/S Bhawani Merchants Income Tax Officer, बनाम / Pvt. Ltd., 9/12, Lal Bazar Ward-5(3), P-7, V/S. Street, 3Rd Floor, Chowringhee Square, Kolkata-700 001 Kolkata-69 [Pan No.Aaecb 8589 L] .. अपीलाथ" /Appellant ""यथ" /Respondent None अपीलाथ" क" ओर से/By Appellant Shri A.K.Nayaka, Cit-Dr ""यथ" क" ओर से/By Respondent 12-12-2018 सुनवाई क" तार"ख/Date Of Hearing 26-12-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2012-13 Arises Against The Commissioner Of Income Tax (Appeals)-23, Kolkata’S Order Dated 03.05.2017 Passed In Case No.104/Cit(A)-23/W-5(3)/16-17 Involving Proceedings U/S 144 Of The Income Tax Act, 1961; In Short ‘The Act’. Case Called Twice. None Appears At Assessee’S Behest Despite The Fact That The Registry Has Already Sent It An Rpad Notice Dated 31.10.2018. It Is Accordingly Proceeded Ex Parte. 2. We Now Come To Assessee’S Pleadings. It Has Raised Two Substantive Grounds In The Instant Appeal. Its Former Grievance Challenges Correctness Of Both The Lower Authorities’ Action Treating Its Share / Premium Amount Of ₹20,73,01,000/- As Unexplained Cash Credits U/S 68 Of The Act. Its Latter Substantive Ground Seeks To Delete U/S 14A R.W.S. Rule 8D Disallowance Of ₹18,650/- Made In The Course Of Assessment As Upheld In Lower Appellate Proceedings. We Find That The Assessee Had Not Put In Appearance In Lower Appellate

Section 144Section 14ASection 250(6)Section 263Section 68