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

M/S. Jagadamba Dealcom Pvt. Ltd., Kolkata vs. ITO, Ward-6(2), Kolkata

Appeal is allowed for statistical purpose

ITA 983/KOL/2017[2008-09]Status: DisposedITAT Kolkata13 Jun 2018AY 2008-09

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2008-09 M/S Jgadamba Dealcom V/S. Income Tax Officer, Pvt. Ltd., 3/1A, Alipore Ward-6(2), Aayakar Park Road, 4Th Floor, Bhawan, P-7, Suite-4A, Kolkata-27 Chowringhee Square, [Pan No.Aabcj 9653 Q] Kolkata-69 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Ravi Tulsiyan, Advocate अपीलाथ" क" ओर से/By Appellant G. Hangshing, Cit-Dr ""यथ" क" ओर से/By Respondent 06-06-2018 सुनवाई क" तार"ख/Date Of Hearing 13-06-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2008-09 Arises Against Commissioner Of Income Tax (Appeals)-6, Kolkata’S Order Dated 09.03.2017 Passed In Case No.298/Cit(A)-6/Kol/2015-16, Ex Parte Affirming Assessing Officer’S Action Adding Unexplained Share Capital Amount Of ₹7,65,00,000/- In Assessment Order Dated 19.03.2014 Involving Proceedings U/S. 144/263 Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. We Come To The Relevant Facts Pertaining To Above Sole Issue Of Section 68 Unexplained Share Capital Addition Of ₹7,65,00,000/- Lakh. This Assessee Is A Company Engaged In Investment & Share Trading Business. It Filed Its Return On 25.03.2009 Stating Nil Income. The Same Stood Processed. The Assessing Officer Thereafter Formed Reasons To Believe That Assessee’S

Section 131Section 133(6)Section 144Section 148Section 14ASection 263Section 68

M/S Masum Tradelink Pvt. Ltd., Kolkata vs. ITO, Ward-14(3). Kolkata, Kolkata

ITA 1238/KOL/2017[2012-13]Status: DisposedITAT Kolkata13 Jun 2018AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 M/S Masum Tradelink Pvt V/S. Income Tax Officer, Ltd. P-107, Unique Park, Ward-14(3), Aayakar Behala, Kolkata-700 034 Bhawan, Poorva, 110, [Pan No.Aahcm 2616 A] Shanti Pally, Kolkata-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S. Jhjharia, Advocate & अपीलाथ" क" ओर से/By Appellant Shri S. Sen, Advocate Shri G. Hangshing, Cit-Dr ""यथ" क" ओर से/By Respondent 04-06-2018 सुनवाई क" तार"ख/Date Of Hearing 13-06-2018 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 Is Directed Against The Commissioner Of Income Tax (Appeals)-5, Kolkata’S Order Dated 02.02.2017 Passed In Case No. 224/Cit(A)-5/W-14(3)/15-16, Ex Parte Affirming The Assessing Officer’S Action Adding Share Premium ₹10,22,50,000/-, U/S 68 In Assessment Order Dated 25.03.2015, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. We Come To Relevant Facts. There Is No Dispute That The Assessing Officer Had Framed The Impugned Assessment In Assessee’S Case On 25.03.2015 Adding The Share Application / Share Premium Money Of ₹10,22,50,000/- On Account Of Its Alleged Failure In Proving Identity Coupled With Genuineness & Creditworthiness Thereof During The Course Of Scrutiny.

Section 143(3)Section 264Section 264(4)Section 68

Nitin Guddu Gupta, Kolkata vs. ACIT, Cir-60, Kolkata

ITA 954/KOL/2016[2010-11]Status: DisposedITAT Kolkata13 Jun 2018AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2010-11 Nitin Guddu Gupta V/S. Acit, Circle-60, Lake Plaza, 277, Jessore Bamboo Villa It Office, Road, 4Th Floor, Flat 169, A.J.C. Bose No.4D, Kolkata-700048 Road, Kolkata-700 014 [Pan No. Ajvpg 8851 H] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Ankit Jalan, Ar अपीलाथ" क" ओर से/By Appellant S.M.S Tauheed, Addl. Cit-Sr-Dr ""यथ" क" ओर से/By Respondent 05-06-2018 सुनवाई क" तार"ख/Date Of Hearing 13-06-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2010-11 Challenges Correctness Of Commissioner Of Income Tax (Appeals)-18 Kolkata’S Order Dated 16.02.2016 Passed In Case No.312/Cit(A)/18/14-15/Circle-24/Kol, Upholding Assessing Officer’S Action Adding Cash Deposits In His Two Bank Accounts Totaling To ₹15,34,500, In Assessment Order Dated 29.04.2013, Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. 2. Learned Counsel Representing Assessee First Of All Invites Our Attention To The Cit(A)’S Detailed Discussion On The Above Sole Issue Reading As Under:- “3.2 Grounds Of Appeal Number 2 & 3 In This Case Assessee Was Found To Have Deposited Cash In His Bank Account. Deposits Were Made Over A Number Of Moths & Total Deposits In His Two Bank Accounts Were Rs.15,34,500/-. To Explain The Deposits Assessee Has Claimed That He Received A Gift Of Rs.1,50,000/- From His Mother In Cash & He Had In His Hand An Opening Balance Of Rs.6,46,672/-. These Cash Were

Section 143(3)