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

Ramesh Jhaveri (HUF), Mumbai vs. ITO 21(3)(3), Mumbai

In the result, the appeal filed by assessee is allowed as indicated above

ITA 4981/MUM/2014[2006-07]Status: DisposedITAT Mumbai22 Sept 2016AY 2006-07

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आयकर अपीऱ सं./I.T.A. No.4981/Mum/2014 (ननधधारण वषा / Assessment Year : 2006-07) Ramesh Jhaveri (Huf), बनधम/ Income Tax Officer, Smruti Building, Range - 21(3)(3), Bandra, Mumbai Vs. 4Th Floor, Plot No.16, Road No.5, Jvpd Scheme, Vile Parle (W), Mumbai – 400 056 स्थधयी ऱेखध सं./ Pan :Aaahr4425E अपीऱार्थी ओर से / Assessee By Shri Anuj Kishnadwala प्रत्यर्थी की ओर से/Revenue By Shri B S Bist सुनवाई की तारीख / Date Of Hearing : 06.09.2016 घोषणा की तारीख /Date Of Pronouncement : 22.09.2016 आदेश / O R D E R Per Rajesh Kumar, Am This Appeal Has Been Filed By Assessee Against The Order Of Commissioner Of Income-Tax (Appeals)-32, Mumbai, Dated 04.07.2014 For A.Y. 2006-07 On Following Grounds: “1. The Learned Cit (A) Has Erred In Law & In Facts In Confirming The Addition Of Income Of Rs.82,39,653/- Being Gift Of India Millennium Deposit Received As Unexplained Credit Under Section 68 Of The I. T. Act, 1961. 2 2. It Is Respectfully Submitted That Proceeds Of India Millennium Deposit Cash Not Be Brought To Tax In The Hands Of Appellant By Invoking Provisions Of Section 56(2)(V) Of The I.T. Act, 1961.” 2. The Issue Raised In This Appeal Is Against The Confirming The Addition Of Rs.82,39,653/- By Ld. Cit(A) By Upholding The Action Of The Ao Of Treating The Gift Of Indian Millennium Deposit (Hereinafter Called As „Imd‟) Bond As Unexplained Credit U/S 68 Of The Income Tax Act, 1961 & The Ground No.2 Is With Regard To Raising The Issue Of India Millennium Deposit Cash Not Be Brought To Tax In The Hands Of Appellant By Invoking Provisions Of Section 56(2)(V) Of The Act.

Section 10(15)(iid)Section 143(2)Section 143(3)Section 56(2)(v)Section 68

Shri Dinesh Gaur, New Delhi vs. ITO, New Delhi

In the result the appeal is allowed for statistical purposes

ITA 2752/DEL/2015[2009-10]Status: DisposedITAT Delhi22 Sept 2016AY 2009-10

Bench: Shri J. Sudhakar Reddyay: 2009-10 Sh. Dinesh Gaur Vs. Ito R/O 103, Palika Bazaar Ward 31(1) Cp, New Delhi 110 018 New Delhi Pan: Aadpg 5656 M (Appellant) (Respondent) Appellant By : Shri Bl Gupta, C.A. Respondent By : Sh. Anil Sharma, Sr.D.R. O R D E R This Is An Appeal Filed By The Assessee Directed Against The Order Of The Ld.Cit(A)-18, New Delhi On The Following Grounds. “On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Was Incorrect & Unjustified In. (1) Upholding The Addition Of Rs.16,47,500/- Made U/S 68. The Cit(A) Was Also Unjustified In Sustaining The Addition Even Without Considering & Examining The Detailed Explanation Of The Assessee In The Regard Regarding The Source Of Deposit. (2) Upholding The Addition Of Rs.16,47,500/- Even Without Rejecting The Explanation & Source Of The Deposit & Also Without Finding The Same As False. (3) Sustaining The Addition Of Rs.1,25,000/- Even Without Finding The Explanation Of The Assessee As Untrue. (4) Sustaining The Addition Of Rs.3,07,000/- On Account Of Loan From Komal Gaur Even Though Admitting That The Money Had Come From Komal Gaur & Who Was Separately Assessed To Tax In Her Own Personal Capacity. (5) Sustaining The Various Additions As Above Without Giving The Reasons & Basis & Also Without Any Reasons To Hold That The Explanation Of The Assessee Has Not Been Found To Be Satisfactorily Whereas Such Adhoc Rejection Of The Explanation Is Not Permissible Under The Law. (6) Holding That The Assessee Has Not Earned Any Income From Tution Without Any Reason Basis & Evidence & Also Without Finding The Explanation Of The Assessee Is False & Also Without Finding The Same As Incorrect.”

For Appellant: Shri BL Gupta, C.AFor Respondent: Sh. Anil Sharma, Sr.D.R
Section 143(3)Section 68