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

Alisa Cold Storage Pvt. Ltd., Burdwan vs. ACIT, Circle - 1, Burdwan

ITA 329/KOL/2018[2012-13]Status: DisposedITAT Kolkata12 Oct 2018AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Alisa Cold Storage Pvt. V/S. Acit, Circle-1, Ltd., 1, J.B. Hazra Road, Aayakar Bhawan, Annexe, 2Nd Floor, Court Compound, Rasikpur, Buddwan, West Bengal-713101 Burdwan-713101 [Pan No.Aafca 7080 A] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri D.S. Damle, Fca अपीलाथ" क" ओर से/By Appellant Shri G. Mallikarjuna, Cit-Dr ""यथ" क" ओर से/By Respondent 08-10-2018 सुनवाई क" तार"ख/Date Of Hearing 12-10-2018 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)-Burdwan’S Order Dated 30.03.2017, Passed In Case No.60/Cit(A)/Bwn/Circle-1/2015-16, In Proceedings U/S. 144 Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee’S Twin Substantive Grounds Raised In The Instant Appeal Challenge Correctness Of Cit(A)’S Order Affirming The Assessing Officer’S Action In Both Adding Its Share Application Money Of ₹1,34,60,000/- To Be Unexplained Cash Credits Followed By Unexplained Investment Addition Of ₹2,75,63,680/-; Respectively Made In The Course Of Assessment In Issue Framed On 19.03.2015. Learned Counsel Submits During The Course Of Hearing That Although Assessee’S Managing Director Had Put In Appearance Before The

Section 144Section 250(6)Section 68

Karsandas Lalkhman Jhaveri, Mumbai vs. ACIT 18(2), Mumbai

In the result, the appeal filed by the assessee is allowed with no order as to cost

ITA 342/MUM/2017[2012-13]Status: DisposedITAT Mumbai12 Oct 2018AY 2012-13

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Shri N.K. Pradhanm/S. Karsandas Lakhman Acit, Circle 18(2) Jhaveri Room No. 302, 3Rd Floor 219, Shaikh Memon Street Vs. Earnest House, Zaveri Bazar Narimanpoint Mumbai 400002 Mumbai 400021 Pan – Aaafk3837B Appellant Respondent Appellant By: Shri Jitendra Sanghavi & Shri Khatiwala Respondent By: Shri Sachchidanand Dube Date Of Hearing: 12.10.2018 Date Of Pronouncement: 12.10.2018 O R D E R Per Sandeep Gosain, Jm This Appeal Filed By Assessee Is Directed Against The Order Of The Ld. Cit(A)-29, Mumbai Dated 21.11.2016 & It Relates To A.Y. 2012-13. 1. The Brief Facts Of The Case Are That The Assessee Is A Partnership Firm Carrying On The Business Of Dealers & Exporters In Precious Metals, Diamonds, Stones, Gold & Silver Jewellery. Return Of Income For The Year Under Consideration Was Filed On 27.09.2012 Declaring Total Income At `1,48,23,960/-. The Case Was Selected For Scrutiny Under Cass For Reason “Large Amount Of Sundry Creditors”. During The Course Of Assessment Proceedings The Ao Found That Advances Received From One Shri Quasim Mohd Yousuf A Bastak & Smt. Samira Abbas Was Shown In The Books. Assessee Had Shown An Advance Of `1.50 Crores From Shri Quasim Mohd Yousuf A Bastak & `75 Lakhs From Smt. Samira Abbas. It Was Explained

For Appellant: Shri Jitendra Sanghavi &For Respondent: Shri Sachchidanand Dube
Section 68