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

ACIT Cir 6(1), Mumbai vs. Inx Recruitment Servioces P.Ltd, Mumbai

The appeal of the revenue is dismissed

ITA 6463/MUM/2011[2008-09]Status: DisposedITAT Mumbai08 Dec 2015AY 2008-09

Bench: Shri D. Karunakara Rao & Shri Sandeep Gosaini.T.A. No.6463/M/2011 (Assessment Year: 2008-2009) फनाभ/ Acit, Circle 6(1), M/S. Inx Recruitment R.No.506, 5 Th Floor, Aayakar Services Pvt Ltd., Vs. Bhavan, M.K. Road, Block No.16, Unit 15B Mumbai-20. Phonex Mills Compound, 462 Senapati Bapat Marg, Mumbai-400 013. स्थामी रेखा सं./ Pan : Aabc16307A (अऩीराथी /Appellant) .. (प्रत्मथी / Respondent) अऩीराथी की ओय से / Appellant By : Shri G.M. Doss, Cit-Dr प्रत्मथी की ओय से/ Respondent By : Shri J.D. Mistry सुनवाई की तायीख / Date Of Hearing : 08.10.2015 घोषणा की तायीख /Date Of Pronouncement : 08.12.2015 आदेश / O R D E R Per D. Karunakara Rao, Am: This Appeal Filed By The Revenue On 22.9.2011 Is Against The Order Of The Cit (A)-14, Mumbai Dated 11.1.2011 For The Assessment Year 2008-2009. In This Appeal, Revenue Raised The Following Solitary Ground Which Reads As Under: “On The Facts & In The Circumstances Of The Case & In Law, The Cit (A) Erred In Deleting (Sic) The Addition Of Rs. 41.22 Crs U/S 68 Of The It Act, 1961 Without Appreciating The Fact That The Assessee Failed To Establish Not Only The Real Source & Genuineness Of Local Funding Through Group Companies But Also The Necessity Of Involving Several Companies In This Exercise & Therefore, Failed To Satisfactorily Explain The Nature & Source Of Local Funding.” 2. Briefly Stated Relevant Facts Are That The Assessee Filed The Return Of Income Declaring The Total Income Of Rs 2.23 Cr (Rounded Of) On 30.9.09. During The Scrutiny Assessment Proceedings, Ao Noted From The Financial Statements That The Assessee Received Loan Of Rs 41.22 Cr From Tiara Comtrade P Ltd In The Year Under Consideration. Ao Conducted Deep Enquires On The Said Loan Transaction & Invoked The Provisions Of Section 133(6) By Issuing Letters To The Tiara & The Group

For Appellant: Shri G.M. Doss, CIT-DRFor Respondent: Shri J.D. Mistry
Section 133(6)Section 68

Girish O Bang, Mumbai vs. ITO 25(2)(4), Mumbai

In the result, the appeals of the assessee are dismissed

ITA 3032/MUM/2012[2008-09]Status: DisposedITAT Mumbai03 Dec 2015AY 2008-09

Bench: S/Shri B.R.Baskaran & Shri Sandeep Gosainआयकर अपीऱ सं./I.T.A. No.3031 & 3032/Mum/2012 (निर्धारण वर्ा / Assessment Year :2007-08 & 2008-09) Girish O Bang, बिधम/ Income Tax Officer 25(2)(4), L-59/60, Yogi Prestige C-11, Pratyaksha Kar Bhavan, Vs. 403/404, Yogi Nagar, Lst Floor, Bandra Kurla Complex, Borivali (W), Bandra, Mumbai-400092 Mumbai-400051 स्थायी ऱेखा सं./ Pan : Aekpb1072M (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) अपीऱाथी की ओर से / Appellant By : None प्रत्यथी की ओर से/ Respondent By : Smt.Anu K Aggarwal सुनवाई की तारीख / Date Of Hearing :3.12.2015 घोषणा की तारीख /Date Of Pronouncement :3.12.2015 O R D E R Per B.R.Baskaran,Am: Both The Appeals Filed By The Assessee Are Directed Against The Orders Passed By The Ld.Cit(A)-35, Mumbai & They Relate To The Assessment Years 2007-08 & 2008-09. 2. Assessee Is Aggrieved By The Decision Of Ld.Cit(A) In Partially Confirming The Addition Of Deposits Found In The Bank Account Of The Assessee In Both The Years. 3. None Appeared On Behalf Of The Assessee Even Though The Notice Was Sent To The Assessee By Rpad On More Than One Occasion. Hence, We Proceed To Dispose Of The Appeal Ex-Parte, Without The Presence Of The Assessee. 4. We Heard The Ld. Dr & Perused The Record. We Notice That The Assessee Could Not Properly Explain The Sources Of Deposits Made In His Bank Account & Hence, The Ao Assessed The Entire Amount Of Deposits Made In The Bank Account Aggregating To Rs.65.14 Lakhs & Rs.29.35 Lakhs Respectively For The Assessment Years 2007-08 & 2008-09 Respectively.

For Appellant: NoneFor Respondent: Smt.Anu K Aggarwal

Girish O Bang, Mumbai vs. ITO WD 25(2)(4), Mumbai

In the result, the appeals of the assessee are dismissed

ITA 3031/MUM/2012[2007-08]Status: DisposedITAT Mumbai03 Dec 2015AY 2007-08

Bench: S/Shri B.R.Baskaran & Shri Sandeep Gosainआयकर अपीऱ सं./I.T.A. No.3031 & 3032/Mum/2012 (निर्धारण वर्ा / Assessment Year :2007-08 & 2008-09) Girish O Bang, बिधम/ Income Tax Officer 25(2)(4), L-59/60, Yogi Prestige C-11, Pratyaksha Kar Bhavan, Vs. 403/404, Yogi Nagar, Lst Floor, Bandra Kurla Complex, Borivali (W), Bandra, Mumbai-400092 Mumbai-400051 स्थायी ऱेखा सं./ Pan : Aekpb1072M (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) अपीऱाथी की ओर से / Appellant By : None प्रत्यथी की ओर से/ Respondent By : Smt.Anu K Aggarwal सुनवाई की तारीख / Date Of Hearing :3.12.2015 घोषणा की तारीख /Date Of Pronouncement :3.12.2015 O R D E R Per B.R.Baskaran,Am: Both The Appeals Filed By The Assessee Are Directed Against The Orders Passed By The Ld.Cit(A)-35, Mumbai & They Relate To The Assessment Years 2007-08 & 2008-09. 2. Assessee Is Aggrieved By The Decision Of Ld.Cit(A) In Partially Confirming The Addition Of Deposits Found In The Bank Account Of The Assessee In Both The Years. 3. None Appeared On Behalf Of The Assessee Even Though The Notice Was Sent To The Assessee By Rpad On More Than One Occasion. Hence, We Proceed To Dispose Of The Appeal Ex-Parte, Without The Presence Of The Assessee. 4. We Heard The Ld. Dr & Perused The Record. We Notice That The Assessee Could Not Properly Explain The Sources Of Deposits Made In His Bank Account & Hence, The Ao Assessed The Entire Amount Of Deposits Made In The Bank Account Aggregating To Rs.65.14 Lakhs & Rs.29.35 Lakhs Respectively For The Assessment Years 2007-08 & 2008-09 Respectively.

For Appellant: NoneFor Respondent: Smt.Anu K Aggarwal