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

Jagruti Bharat Shah, Mumbai vs. Income Tax Officer-19(3)(1), Mumbai

In the result, appeal of the assessee is allowed for statistical purposes

ITA 8226/MUM/2025[2011-12]Status: DisposedITAT Mumbai29 Jan 2026AY 2011-12

Bench: Shri Sandeep Singh Karhail & Shri Girish Agrawalassessment Year: 2011-12 Jagruti Bharat Shah Income Tax Officer-19(3)(1), 83 30 Rekha Bldg, Mumbai Vs. Rak Road, Wadala, Mumbai - 400031 [Pan: Aaqps1580D] (Appellant) (Respondent) Present For: Assessee : Mr. Dhaval Shah & Ms. Tisha Bagh, Advocates Revenue : Shri Pravin Salunkhe, Sr. Dr. Date Of Hearing : 28.01.2026 Date Of Pronouncement : 29.01.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Addl/Jcit (A)-2, Lucknow, Vide Order No. Itba/Apl/S/250/2025- 26/1081211974(1), Dated 26.09.2025, Passed Against The Assessment Order By Income Tax Officer, Ward-19(2)(1), Mumbai, U/S. 147 R.W.S 143(3) Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 26.12.2018 For Assessment Year 2011-12. 2. Grounds Taken By Assessee Are Reproduced As Under: “1. The Ld. Cit(A) Has Erred In Law & In Facts In Passing The Order U/S. 250 Of The Act Dated 26.09.2025 Dismissing The Appeal Filed By The Appellant & Confirming The Order Passed By The Ld. Ao U/S 143(3) R.W.S 147 Of The Act Which Is Bad & Invalid In The Eyes Of Law. 2. The Ld. Cit(A) Has Erred In Law & In Facts In Not Appreciating That The Assessment Order Passed Is In Violation Of Principles Of Natural Justice.

For Appellant: Mr. Dhaval Shah and Ms. Tisha Bagh, AdvocatesFor Respondent: Shri Pravin Salunkhe, Sr. DR
Section 143(3)Section 147Section 234ASection 250Section 271(1)(c)Section 68Section 69C

ACIT Circle 3(2)(1), Mumbai vs. Sunjewels Private Limited, Mumbai

In the result, the appeal is allowed for statistical purpose

ITA 7390/MUM/2025[2016]Status: DisposedITAT Mumbai29 Jan 2026

Bench: Shri Saktijit Dey & Shri Arun Khodpiaacit, Circle 3(2)(1) Sunjewels Private Limited Room No. 608, 6Th Floor, 605/606, 6Th Floor, Multistoried Aaykar Bhavan, M. K. Road, Vs. Building, Seepz S.O., Andheri (E), Churchgate, Mumbai-400 020 Mumbai-400 096 Pan/Gir No. Aabce 3519 L (Appellant) : (Respondent) Appellant By : Shri Ravikant Pathak, Ca Respondent By : Shri Swapnil Choudhary-Sr. Ar Date Of Hearing : 27.01.2026 Date Of Pronouncement : 29.01.2026 O R D E R Per Saktijit Dey: This Is An Appeal By The Department Against Order Dated 08.09.2025 Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi For The Assessment Year (A.Y. For Short) 2016-17. 2. The Effective Grounds Raised By The Department Are As Under: 1. "Whether, On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Was Justified In Setting Aside The Assessment Order Passed U/S.143(3) & Remitting The Matter Back To The Assessing Officer For Fresh Adjudication, Despite The Clear Restriction Contained In The Proviso To Section 251(1)(A) Ofthe Income Tax Act, 1961, Which Permits Such Power Only In Cases Where The Assessment Is Made U/S.144 (Best Judgment Assessment)?" 2. "Whether The Ld.Cit(A) Having No Jurisdiction To Set Aside Or Remand An Assessment Order Passed U/S.143(3), Acted Beyond His Statutory Authority In Law, Thereby Rendering The Impugned Appellate Order Dated 08.09.2025 Bad In Law & Liable To Be Quashed?" 3. "Whether The Ld.Cit(A), Instead Of Exercising The Powers Vested In Him Under Section 251(1)(A) To Confirm, Reduce, Enhance Or Annual The Assessment, Wrongly Assumed A Power To Restore The Matter To The Assessing Officer, Which Is Ultra Vires The Provisions Of The Income Tax Act, 1961."

For Appellant: Shri Ravikant Pathak, CAFor Respondent: Shri Swapnil Choudhary-Sr. AR
Section 115JSection 133(6)Section 143(3)Section 144Section 251(1)(a)Section 69C