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

M/S Growfast Agency Private Limited, Kolkata vs. C.I.T Kolkata - II, Kolkata

In the result all the appeals are dismissed

ITA 1757/KOL/2013[2008-09]Status: DisposedITAT Kolkata30 Oct 2015AY 2008-09

Bench: Shri R.S. Syal, Am & Shri N.V. Vasudevan, Jm Assessment Year 2008-09 M/S. Growfast Agency Private Vs. Commissioner Of Income Tax, Ltd., Mr.Rajan Poddar, Fca, Kolkata-Ii, M/S.Poddar & Associates , Aayakarbhawan, Chartered Accountants, P-7, Chowringhee Square, 9/12, Lal Bazar Street, Kolkata – 700 069. Mercantile Bulding,(First Floor), Block-D, Kolkata-700001. Pan: Aaccg 9928 J Assessment Year 2008-09 Vs. M/S. Everest Dealer Private Commissioner Of Income Tax, Kolkata-Ii, Aayakarbhawan, Ltd., Mr.Rajan Poddar, Fca, P-7, Chowringhee Square, M/S.Poddar & Associates , Kolkata – 700 069. Chartered Accountants, 9/12, Lal Bazar Street, Mercantile Bulding,(First Floor), Block-D,Kolkata- 700001. Pan:Aabce 8698 N (Respondent) (Appellant) Department By: : Mr.Neeraj Kumar, Cit Dr Assessee By: Mr.Ganesh Dutt Advocate, Assessment Year 2009-10 Vs. M/S. `Prudential Dealcom Commissioner Of Income Tax, Kolkata-Ii, Pvt.Ltd., 9/12, Lal Bazar Aayakarbhawan, Street, 2Nd Floor, E-Block, P-7, Chowringhee Square Kolkata-700 001 Kolkata – 700 069. Pan:Aaecp 5044 L (Respondent) (Appellant) Department By: : Mr.Neeraj Kumar, Cit Dr Assessee By: Mr.Marus Tiwari, Fca Date Of Hearing: 28.10.2015 Date Of Pronouncement: 30.10.2015 Order Per Bench: Through This Batch Of Appeals, Different Assessees Assail The Correctness Of Separate Orders Passed By The Commissioners Of Income-Tax (Cit) U/S 263 Of The Income-Tax Act, 1961 (Hereinafter Also Called ‘The Act’) In Relation To The Captioned Assessment Years. Since All These Appeals Are Based On Largely Similar Facts & Common Grounds Of Appeal, We Are Proceeding To Dispose Them Off By This Consolidated Order For The Sake Of Convenience. 2. Briefly Stated The Facts Of All The Cases In This Batch Are Similar

For Appellant: Mr.Ganesh Dutt Advocate
Section 133(6)Section 142(1)Section 143(1)Section 143(3)Section 147Section 148Section 263Section 68