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

Dy. Commissioner of Income Tax, Central Circle-1, Noida vs. Starcity Buildcon Private Limited, Noida

In the result, the appeal of the Revenue is dismissed

ITA 4646/DEL/2025[2020-21]Status: DisposedITAT Delhi30 Apr 2026AY 2020-21

Bench: Shri Anubhav Sharma & Shri Manish Agarwaldy. Cit, Starcity Buildcon Private Limited, Central Circle-1, Plot No.Gh-12, Ia Surajpur, Noida. Vs. Gautambudh Nagar, Noida, Uttar Pradesh-201306. Pan-Aancs4279F (Appellant) (Respondent) Shri Rohit Kapoor, Adv. & Assessee By Shri Virsain Agarwal, Adv. Shri Jitender Singh, Cit- Dr Department By Date Of Hearing 10/02/2026 Date Of 30/04/2026 Pronouncement O R D E R Per Manish Agarwal, Am: The Present Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals)-3, New Delhi [Cit(A) In Short], Dated 15.05.2025 In Appeal No. Cit(Appeal), Noida-3/10018/2019-20 Arising Out Of The Order Passed U/S 147 R.W.S. 143(3) Of The Income Tax Act, 1961 (The Act, In Short) Dated 25.03.2024 For Assessment Year 2020-21. 2. Brief Facts Of The Case Are That A Search & Seizure Action U/S 132 Of The Act Was Carried Out On Ace & Kurele Group On 28.07.2021 & Thereafter On Ace & Rudra Group On 04.01.2022 & Search Was Also Carried At The Business Premises Of Assessee Company. The Assessee Had Filed Its Return Of Income On 26.12.2020 Declaring Total Income At Rs.4,87,86,420/-. The Ao Observed That During The Year Assessee Has Received Loan Of Rs.14,00,00,000/- From M/S Hallow Securities Pvt. Ltd. & Paid Interest Of 3,62,507/-. Out Of The Total Loan, A Sum Of Rs. 2,00,00,000/- Was Treated As Unexplained Credit & Addition U/S 68 R.W.S 115Bbe Of The Act Was Made For The Principal Amount Of 2.00 Crores & Interest Thereon Of Rs. 3,62,507/- & The Total Income Was Assessed At Rs. 6,91,48,927/-.

Section 132Section 147Section 68