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

Sri Raj Kumar Kabra, Howrah vs. ITO, Ward - 47(3), Kolkata

In the result, appeal of the assessee is allowed

ITA 1694/KOL/2018[2014-15]Status: DisposedITAT Kolkata12 Dec 2018AY 2014-15

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2014-15 Sri Raj Kumar Kabra……...............….……...........…………..……………….…...……..….…….......Appellant C/O Sri S.L. Kochar, Advocate 5, Ashutosh Chowdhury Avenue Kolkata – 700 019 [Pan : Agbpk 7274 M ] Vs. Income Tax Officer, Ward-47(3), Kolkata.……......……….........…………..………….…............Respondent Appearances By: Shri Anil Kochar, Advocate, Appeared On Behalf Of The Assessee. Shri Nicholas Murmu, Jcit D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 28Th, 2018 Date Of Pronouncing The Order : December 12Th, 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-14, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 25/06/2018, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2014-15. 2. The Sole Issue That Arises For My Adjudication Is Whether The Assessing Officer Was Right In Rejecting The Claim Of The Assessee That He Had Earned Long Term Capital Gains On Purchase & Sale Of The Shares Of M/S. Unno Industries Ltd. The Ao Based On A General Report & Modus Operandi Adopted Generally In These Cases & On General Observations Has Concluded That The Assessee Has Claimed Bogus Long Term Capital Gain. He Made An Addition Of The Entire Sale Proceeds Of The Shares As Income & Rejected The Claim Of Exemption Made U/S 10(38) Of The Act. The Evidence Produced By The Assessee In Support Of The Genuineness Of The Transaction Was Rejected.

Section 10(38)Section 250Section 68

Sri Pawan Kumar Kabra, Howrah vs. ITO, Ward - 47(3), Kolkata

In the result, appeal of the assessee is allowed

ITA 1693/KOL/2018[2014-15]Status: DisposedITAT Kolkata12 Dec 2018AY 2014-15

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2014-15 Sri Pawan Kumar Kabra……...............….……...........…………..……………….…...……..….…….......Appellant C/O Sri S.L. Kochar, Advocate 5, Ashutosh Chowdhury Avenue Kolkata – 700 019 [Pan : Afnpk 5040 G ] Vs. Income Tax Officer, Ward-47(3), Kolkata.……......……….........…………..………….…............Respondent Appearances By: Shri Anil Kochar, Advocate, Appeared On Behalf Of The Assessee. Shri Nicholas Murmu, Jcit D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 28Th, 2018 Date Of Pronouncing The Order : December 12Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-14, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 25/06/2018, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2014-15. 2. The Sole Issue That Arises For My Adjudication Is Whether The Assessing Officer Was Right In Rejecting The Claim Of The Assessee That He Had Earned Long Term Capital Gains On Purchase & Sale Of The Shares Of M/S. Unno Industries Ltd. The Ao Based On A General Report & Modus Operandi Adopted Generally In These Cases & On General Observations Has Concluded That The Assessee Has Claimed Bogus Long Term Capital Gain. He Made An Addition Of The Entire Sale Proceeds Of The Shares As Income & Rejected The Claim Of Exemption Made U/S 10(38) Of The Act. The Evidence Produced By The Assessee In Support Of The Genuineness Of The Transaction Was Rejected.

Section 10(38)Section 250Section 68

Smt. Manju Pincha, Kolkata vs. ITO, Ward - 35(4), Kolkata

In the result, appeal of the assessee is allowed

ITA 1465/KOL/2018[2014-15]Status: DisposedITAT Kolkata12 Dec 2018AY 2014-15

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2014-15 Smt. Manju Pincha………………...............….……...........…………..……………….…...……..….…….......Appellant Room No.602 & 603 Sixth Floor 19, Synagogue Street Kolkata – 700 001 [Pan : Agbpp 5019 K ] Vs. Income Tax Officer, Ward-35(4), Kolkata.……......……….........…………..………….…............Respondent Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri Nicholas Murmu, Jcit D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 28Th, 2018 Date Of Pronouncing The Order : December 12Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-10, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 31/05/2018, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2014-15. 2. The Sole Issue That Arises For My Adjudication Is Whether The Assessing Officer Was Right In Rejecting The Claim Of The Assessee That He Had Earned Long Term Capital Gains On Purchase & Sale Of The Shares Of M/S. Ncl Research & Financial Services Ltd. The Ao Based On A General Report & Modus Operandi Adopted Generally In These Cases & On General Observations Has Concluded That The Assessee Has Claimed Bogus Long Term Capital Gain. He Made An Addition Of The Entire Sale Proceeds Of The Shares As Income & Rejected The Claim Of Exemption Made U/S 10(38) Of The Act. The Evidence Produced By The Assessee In Support Of The Genuineness Of The Transaction Was Rejected.

Section 10(38)Section 250Section 68Section 69C

Sri Vishal Garach, Kolkata vs. ITO, Ward - 36(4), Kolkata

In the result, appeal of the assessee is allowed

ITA 1464/KOL/2018[2012-13]Status: DisposedITAT Kolkata12 Dec 2018AY 2012-13

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2012-13 Sri Vishal Garach………………...............….……...........…………..……………….…...……..….…….......Appellant Suite No. 1402 Second Floor 35, Ezra Street Kolkata – 700 001 [Pan : Agbpp 5019 K ] Vs. Income Tax Officer, Ward-36(4), Kolkata.……......……….........…………..………….…............Respondent Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri Nicholas Murmu, Jcit D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 28Th, 2018 Date Of Pronouncing The Order : December 12Th, 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-10, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 31/05/2018, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2012-13. 2. The Sole Issue That Arises For My Adjudication Is Whether The Assessing Officer Was Right In Rejecting The Claim Of The Assessee That He Had Earned Long Term Capital Gains On Purchase & Sale Of The Shares Of M/S. Tuni Textile Mills Ltd. The Ao Based On A General Report & Modus Operandi Adopted Generally In These Cases & On General Observations Has Concluded That The Assessee Has Claimed Bogus Long Term Capital Gain. He Made An Addition Of The Entire Sale Proceeds Of The Shares As Income & Rejected The Claim Of Exemption Made U/S 10(38) Of The Act. The Evidence Produced By The Assessee In Support Of The Genuineness Of The Transaction Was Rejected.

Section 10(38)Section 250Section 68

Sri Vishal Garach, Kolkata vs. ITO, Ward - 36(4), Kolkata

In the result, appeal of the assessee is allowed

ITA 1463/KOL/2018[2011-12]Status: DisposedITAT Kolkata12 Dec 2018AY 2011-12

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2011-12 Sri Vishal Garach………………...............….……...........…………..……………….…...……..….…….......Appellant Suite No. 1402 Second Floor 35, Ezra Street Kolkata – 700 001 [Pan : Agbpp 5019 K ] Vs. Income Tax Officer, Ward-36(4), Kolkata.……......……….........…………..………….…............Respondent Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri Nicholas Murmu, Jcit D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 28Th, 2018 Date Of Pronouncing The Order : December 12Th, 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-10, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 31/05/2018, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2011-12. 2. The Sole Issue That Arises For My Adjudication Is Whether The Assessing Officer Was Right In Rejecting The Claim Of The Assessee That He Had Earned Long Term Capital Gains On Purchase & Sale Of The Shares Of M/S. Tuni Textile Mills Ltd. The Ao Based On A General Report & Modus Operandi Adopted Generally In These Cases & On General Observations Has Concluded That The Assessee Has Claimed Bogus Long Term Capital Gain. He Made An Addition Of The Entire Sale Proceeds Of The Shares As Income & Rejected The Claim Of Exemption Made U/S 10(38) Of The Act. The Evidence Produced By The Assessee In Support Of The Genuineness Of The Transaction Was Rejected.

Section 10(38)Section 250Section 68