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 Expert Jewellers Pvt. Ltd., Kolkata vs. ITO, Ward-5(3), Kolkata

In the result, assessee’s appeal stands allowed

ITA 61/KOL/2017[2008-09]Status: DisposedITAT Kolkata04 Apr 2018AY 2008-09

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2008-09 M/S Expert Jewellers Pvt. V/S. Income Tax Officer, Ltd., 9/12 Lal Bazar Ward-5(2), Aayakar Street, Block-A, Bhawan, -7, Kolkata-001 Chowringhee Square, [Pan No.Aabce 9275 H] Kolkata-69 .. अपीलाथ" /Appellant ""यथ"/Respondent Parnashree Banerjee, Advocate अपीलाथ" क" ओर से/By Appellant Shri G. Hangshing Cit-Dr ""यथ" क" ओर से/By Respondent 28-02-2018 सुनवाई क" तार"ख/Date Of Hearing 04-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-6, Kolkata Dated 18.10.2016. Assessment Was Framed By Ito Ward-5(3), Kolkata U/S 143(3)/263/143(3)/147 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 26.09.2014 For Assessment Year 2008-09. The Assessee Has Raised Following Grounds:- “1. That, On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred & Acted Against The Principal Of Natural Justice In Having Passed The Ex Parte Appellate Order Without Affording Adequate Opportunity Of Being Heard To The Appellant & Hence The Same Is Liable To Be Quashed. 2. That, The Ld. Cit(A) Further Erred In Having Presumed For Alleged Non- Compliance Of Notices That The Appellant Did Not Appear To Be Interested In Pursuing The Appeal, Leading To Dismissal Of All The Grounds On The Sole Foundation That In His Appellate Order He Has Upheld The Addition Of Rs.9,69,00,702/- As Unexplained Cash Credit, Which Has Resulted In Concealment Of Particulars Of Income.

Section 143(3)Section 271(1)(c)Section 68

Priyanka Tikmani, Kolkata vs. Income Tax Officer, Ward-33(1), Kolkata

In the result, appeal filed by assessee stands allowed

ITA 2837/KOL/2013[2005-2006]Status: DisposedITAT Kolkata04 Apr 2018AY 2005-2006

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2005-06 Priyanka Tikmani V/S. Income Tax Officer, 2Nd Floor, 10, Lord Ward-33(1),10B, Sinha Road, Kolkat-71 Middleton Row, Kolkata [Pan No.Acxpj 1732B] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri D.P. Baid, Fca अपीलाथ" क" ओर से/By Appellant Shri S. Dasgupta, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 24-01-2018 सुनवाई क" तार"ख/Date Of Hearing 04-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-Xix, Kolkata Dated 05.01.2013. Assessment Was Framed By Ito Ward-33(1), Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 29.08.2007 For Assessment Year 2005-06. The Assessee Has Raised The Following Grounds:- “1. That On The Facts & In The Circumstances Of The Case, The Ld. Assessing Officer Erred In Law As Well S On Fact & Was Not Justified In Adding The Entire Gifts Of Rs.20,00,000/- As Cash Credit U/S. 69 Of The It Act On The Alleged Ground As Your Appellant Had Produced All Documentary Evidences As To The Genuineness, Creditworthiness & Proper Identity Of Each Of The Various Donors Before The Ld. Ao During The Course Of Assessment Proceeding. Similarly The Ld. Cit(A)-Xix, Kol Also Was Not Justified To Uphold/Sustain The Said Arbitrary Illogical & Or Unjustified Addition Made By The Ld. Ao. 2. That The Ld. Ao As Well As The Ld. Cit(A)-Xix, Kol Were Not Justified In Not Giving Due Cognizance To The Fact Of The Case As Well As The Evidences Produced Before Them. The Ld. Cit(A)-Xx, Kol Was Also Not

Section 131Section 143(3)Section 69