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

DCIT Cen Cir 22, Mumbai vs. Pradeep Kainya, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 4079/MUM/2013[2009-10]Status: DisposedITAT Mumbai14 Dec 2015AY 2009-10

Bench: Shri D. Karunakara Rao & Shri Amarjit Singhi.T.A. No.4079/M/2013 (Assessment Year: 2009-2010) फनाभ/ Dcit, Central Circle-22, Shri Pradeep Kainya, Mumbai-20. 60/62 Kika Street, Vs. Gulal Wadi, Mumbai-400004. स्थामी रेखा सं./ Pan : Aacpk1625P (अऩीराथी /Appellant) .. (प्रत्मथी / Respondent) अऩीराथी की ओय से / Appellant By : Shri K. Ravikiran, Dr प्रत्मथी की ओय से/ Respondent By : Shir Rahul Hakani सुनवाई की तायीख / Date Of Hearing : 15.12.2015 घोषणा की तायीख /Date Of Pronouncement : 15.12.2015 आदेश / O R D E R Per D. Karunakara Rao, Am: This Appeal Filed By The Revenue On 21.5.2013 Is Against The Order Of The Cit (A)-39, Mumbai Dated 6.3.2013 For The Assessment Year 2009-2010. 2. At The Outset, Ld Counsel For The Assessee Brought Our Attention To The Solitary Ground Raised By The Revenue Relating To The Deletion Of Additions (I) Rs. 12,73,825/- Made U/S 68 Of The Act On Account Of Unexplained Cash Credit & (Ii) Rs. 63,690/- On Account Of Unaccounted Commission Expenditure @ 5% For Earning The Same & Mentioned That The Tax Effect In This Case Is Worked Out To Rs. 4,54,621/-. Further, He Brought Our Attention To The Recently Issued Cbdt Circular No.21/2015, Dated 10.12.2015 & Submitted That The Appeals Filed By The Revenue With A Tax Effect Of Rs. 10 Lakhs & Below Are To Be Either Dismissed By The Tribunal As Not Maintainable Or Not Pressed By The Revenue. Referring To The Above Mentioned Board Circular No.21/2015, Ld Counsel For The Assessee Brought Our Attention To Para 10 & Submitted That The Said Monetary Limitation Of Rs. 10 Lakhs Applies To All The Appeals Filed By The Revenue Retrospectively. Considering The Significance Of The Said Para 10 Of The Cbdt Circular (Supra) Is Extracted As Under:-

For Appellant: Shri K. Ravikiran, DRFor Respondent: Shir Rahul Hakani
Section 68

Yasmin Aly Morani, Mumbai vs. Asst CIT Cen Cir 15 & 16, Mumbai

In the result, the assessee’s appeal is dismissed

ITA 2837/MUM/2014[2008-09]Status: DisposedITAT Mumbai11 Dec 2015AY 2008-09

Bench: Shri Sanjay Arora, Am आयकर अपील सं./I.T.A. No. 2837/Mum/2014 ("नधा"रण वष" / Assessment Year: 2008-09) Yasmin Aly Morani Asst. Cit, Central Circle 15 & 16, बनाम/ Aayakar Bhavan, 4Th Floor, Ground Floor, Eldora Apartments, Juhu Church Road, 101, M. K. Road, Vs. Mumbai-400 049 Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Albpm 2551 Q (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri M. D. Pandya ""यथ" क" ओर से/Respondent By : Shri Rajesh Kumar सुनवाई क" तार"ख / : 03.12.2015 Date Of Hearing घोषणा क" तार"ख / : 11.12.2015 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)-39, Mumbai (‘Cit(A)’ For Short) Dated 23.1.2014, Dismissing 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.) 2008- 09 Vide Order Dated 26.12.2011. 2. The Appeal Raises Two Grounds, Including One By Way Of An Additional Ground, Which Raises A Legal Issue, For The First Time Though & Is On That Basis Pleaded For 2 Yasmin Aly Morani Vs. Asst. Cit Being Admitted In-As-Much As The Fact/S Necessarily For Its Adjudication Are Available On Record. The Same Shall Be Taken Up First, Even As The Relevant Facts Would Require Statement.

For Appellant: Shri M. D. PandyaFor Respondent: Shri Rajesh Kumar
Section 132Section 143(3)Section 153A