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

Subhash Mohandas Gogia, Navi Mumbai vs. ITO 22(3)(4), Navi Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 3166/MUM/2013[2008-09]Status: DisposedITAT Mumbai24 Feb 2016AY 2008-09

Bench: Shri C.N. Prasad & Shri Rajesh Kumarआयकर अपील सं/ I.Ta No.3166/Mum/2013 ("नधा"रण वष" / Assessment Year: 2008-09 बनाम/ Subhash Mohandas Gogia, The Ito 22(3)(4), F-9/0:2, Noopur Chs, Vashi Vs. Sector 22, Koperkhairane, Navi Mumbai Navi Mumbai-400 709 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Achpg 1894P (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से/ Appellant By: Shriprakash Pandit ""यथ" क" ओर से/Respondent By: Shri Satyajit Mandal सुनवाई क" तार"ख / Date Of Hearing :08.02.2016 घोषणा क" तार"ख /Date Of Pronouncement :24.02.2016 आदेश / O R D E R Per C.N. Prasad, Jm: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Cit(A)-33, Mumbai Dated 15.2.2013 Pertaining To Assessment Year 2008-09. 2. There Is A Delay Of 7 Days. The Assessee Has Also Filed Affidavit Stating The Reasons As To Why Delay Of 7 Days Occurred In Filing The Appeal. The Ld. Departmental Representative Has No Serious Objection For Condonation Of Delay Of 7 Days. Having Gone Through The Petition & Affidavit, We Find That There Is A Reasonable Cause Not 2 Filing The Appeal In Time Therefore, Short Delay Of 7 Days Is Condoned & Appeal Is Admitted.

For Appellant: ShriPrakash PanditFor Respondent: Shri Satyajit Mandal

Abdul Rahman H Sayyed, Thane vs. ITO WD 1(3), Mumbai

In the result, appeal of assessee is allowed in part, in terms indicated hereinabove

ITA 7009/MUM/2012[2008-09]Status: DisposedITAT Mumbai24 Feb 2016AY 2008-09

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm आमकय अऩीर सं./Ita No.7009/Mum/2012 (नििाारण वषा / Assessment Year : 2008-09) Abdul Rahman H Sayyed, 215, Vs. Ito Wd 1(3), Thane 2Nd Floor, B-Wing, Firdaus Apts. (W)-400602 Opp. Railway Station, Mumbra, District-Thane-400612 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Amips 1152 M (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. ननधाारयती की ओर से /Assessee By : Shri Rajesh S. Shah याजस्व की ओर से /Revenue By : Ms. Vinita Menon सुनवाई की तायीख / Date Of Hearing : 22/12/2015 घोषणा की तायीख/Date Of Pronouncement 24/02/2016 आदेश / O R D E R Per R.C.Sharma (A.M): This Is An Appeal Filed By The Assessee Against The Order Of Cit(A)- Mumbai, Dated 14-9-2012, For The Assessment Year 2008-09, In The Matter Of Order Passed U/S.143(3) Of The I.T.Act. 2. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That The Assessee Has Filed His Return Of Income Declaring Total Income Of Rs.1,24,660/-. The Assessee Carried On The Business Of Booking Air Tickets & Commission Agent & During The Year Under Consideration, He Had Disclosed Receipts From The Business At Rs.2.59 Lakhs & After Claiming The Expenses The Net Income Was Offered At Rs.1.14 Lakhs. Balance Amount Of Income Has Been Disclosed From House Property, Capital Gains & Other Sources. During The Course Of Assessment Proceedings, The Ao Examined Various Details & He

For Appellant: Shri Rajesh S. ShahFor Respondent: Ms. Vinita Menon
Section 143(3)Section 68

Bhanuben Danji Shah, Mumbai vs. ACIT Cir 23(2), Mumbai

In the result, the assessee’s appeal is dismissed

ITA 1735/MUM/2012[2004-05]Status: DisposedITAT Mumbai24 Feb 2016AY 2004-05

Bench: Shri Joginder Singh, Jm & Shri Sanjay Arora, Am आयकर अपील सं./I.T.A. No. 1735/Mum/2012 ("नधा"रण वष" / Assessment Year: 2004-05) Bhanuben Danji Shah Asst. Cit-23(2), बनाम/ E/31, Konark Indraprasth, Mumbai 11Th Floor, Jain Mandir Road, Vs. Mulund (W), Mumbai – 400 080 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Amrps 1215 L (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Shri Prakash L. Pathade सुनवाई क" तार"ख / : 16.02.2016 Date Of Hearing घोषणा क" तार"ख / : 24.02.2016 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)-11, Mumbai (‘Cit(A)’ For Short) Dated 26.12.2011, 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.) 2004-05 Vide Order Dated 21.12.2006. 2. None Appeared For & On Behalf Of The Assessee-Appellant When The Appeal Was Called Out For Hearing, Nor Any Adjournment Application Stands Received. This, Despite The Hearing Having Been Adjourned For Today Instant At The Request Of The Assessee’S Counsel, Shri Mukul J. Vora (Vide His Letter Dated 22.7.2015/Copy On Record). It Was 2 Bhanuben Danji Shah Vs. Asst. Cit Noted That On Earlier Occasions As Well, The Appellant Has Sought For & Been Granted Adjournment Of Hearing. The Appeal, Filed In 2012, Is Pending Since Long. It Was Under The Circumstances Only Considered It Proper That The Matter To Be Proceeded With & The Appeal Decided After Hearing The Party Before Us & Considering The Material On Record.

For Appellant: NoneFor Respondent: Shri Prakash L. Pathade
Section 133Section 143(3)Section 68