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

Shashikant Chimanlal Bhagat, Mumbai vs. ITO WD 18(2)(3), Mumbai

In the result, the assessee’s appeal is dismissed

ITA 4262/MUM/2011[2006-07]Status: DisposedITAT Mumbai22 Jun 2016AY 2006-07

Bench: Shri Sanjay Arora, Am & Shri Ram Lal Negi, Jm आयकर अपील सं./I.T.A. No. 4262/Mum/2011 ("नधा"रण वष" / Assessment Year: 2006-07) Shahikant Chimanlal Bhagat, Ito, Ward 18(2)(3), C/O. M/S. Suratwala Nagindas & Co., Mumbai बनाम/ 12/13, Pir Bagdadi Daragah Trust Vs. Chawl, Dr. D. Silva Road, Dadar (W), Mumbai-400 028 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaapb 9713 D (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Ms. Snehal Shah ""यथ" क" ओर से/Respondent By : Shri K. Mohandas सुनवाई क" तार"ख / : 08.6.2016 Date Of Hearing घोषणा क" तार"ख / : 22.6.2016 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: This Is An Appeal By The Assessee Directed Against The Order By The Commissioner Of Income Tax (Appeals)-29, Mumbai (‘Cit(A)’ For Short) Dated 25.3.2011, Partly Allowing The Assessee’S Appeal Contesting Its Assessment U/S.143(3) Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) For The Assessment Year (A.Y.) 2006-07 Vide Order Dated 29.12.2008. 2.1 The Brief Facts Of The Case Are That The Assessee, An Individual, Was Enquired About The Credit Of Rs.40 Lacs In His Bank Account With Shamrao Vittal Co-Op Bank, Bandra, Which Was In Fact A Joint Bank Account With His Wife, Smt. Tarulata Bhagat.

For Appellant: Ms. Snehal ShahFor Respondent: Shri K. Mohandas
Section 143(3)Section 68Section 69A

Late Mr. Roshan Raja, Mumbai vs. ITO 19(3)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 7212/MUM/2014[2005-06]Status: DisposedITAT Mumbai20 Jun 2016AY 2005-06

Bench: Sri Mahavir Singhlate Mrs. Roshan Raja, Through Legal Vs. The Income Tax Officer, Heir Farida Raja Marker, C/O. D. C. Ward -19(3) (2), Piramal Chambers, 3 Rd Floor, Bothra & Co. (Ca), 297, Willie Mansion, 1St Floor, Tardeo Road, Lalbaug, Mumbai 400 012 Nana Chowk, Mumbai 200 007 Pan: Aadpr 1741 G Appellant .. Respondent Appellant By Shri Dikshit Doshi, Ar Respondent By Shri Somanath S. Ukkali, Dr Date Of Hearing 20-06-2016 Date Of Pronouncement 20-06-2016 O R D E R Per Mahavir Singh, Jm: This Appeal By The Assessee Is Arising Out Of The Order Of The Cit (A)-30, Mumbai Passed In Appeal No. Cit (A)-30/Ito-19(3) (2)/It-11/12-13 Dated 28-10-2014. Assessment Was Framed By The Ito, Ward- 19(3)(2), Mumbai For Assessment Year 2005- 06 Vide His Order Dated 27-12-2007 Passed U/S 143(3) 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”). Penalty Under Dispute Was Levied By The Ito, Ward-19 (3) (2), Mumbai U/S 271 (1) (C) Of The Act Vide Order Dated 28-03-2012. 2. At The Outset, The Learned Counsel For The Assessee Stated That This Is A Penalty Appeal For Levy Of Penalty U/S 271 (1) (C) Of The Act By The Ao & Confirmed By The Cit & The Tribunal Has Already Allowed The Quantum Appeal Deleting The Addition Of Rs.32,94,982/- Made By The Ao U/S 68 Of The Act In Respect Of Long Term Capital Gain Shown By The Assessee On Sale Of Shares By Treating The Same As Income From Undisclosed Sources. The Learned Counsel For The Assessee Further Stated That This Addition Has Been Deleted By The Tribunal Vide Order Dated 27-04-2016 Passed In Ita No.3803/Mum/2011 Vide Para 3.4.7 As Under:-

Section 10(38)Section 143(3)Section 271Section 68