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

Satya Subhas Ghoshal, Kolkata vs. I.T.O., Ward - 28(2) Presently 30(1), Kolkata

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

ITA 1988/KOL/2025[2016-2017]Status: DisposedITAT Kolkata08 Jan 2026AY 2016-2017

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2016-17 Satya Subhas Ghoshal………..……..………………….……….……….……Appellant 49/1, Karl Marx Sarani, Kol – 700023. [Pan: Aenpg8374C] Vs. Ito, Ward-28(2), Presently Ward-30(1), Kolkata……….....……...…..…..Respondent Appearances By: Shri Anil Kochar, Adv., Appeared On Behalf Of The Appellant. Shri Pradip Kr. Biswas, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 10, 2025 Date Of Pronouncing The Order : January 08, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.03.2024 Of The Nfac, Delhi (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2016–17. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income Was Filed Showing Total Income Of Rs.3,39,860/-. The Case Was Selected For Scrutiny & The Assessing Officer Issued Notices U/S 143(2) & 142(1) Of The Act. It Was Also Found That The Assessee Had Deposited Cash Of Rs.1,03,86,425/-In Saving Bank Account In Indusind Bank (Rs. 30,56,625/-) & Icici Bank (Rs. 73,29,800/-). As There No Explanation & No Requisite Documents Were Provided By The Assessee To Verify The Source Of Such Cash Deposits, The Assessing Officer Added The Entire Sum Of Rs. 1,03,86,425/- U/S 68 Of The Act. Satya Subhas Ghoshal 3. Aggrieved By The Said Order, The Assessee Preferred An Appeal Before The Ld. Cit(A) Wherein The Appeal Has Been Dismissed By Holding That The Assessee Failed To File Any Credible Evidence In Support Of The Claim.

Section 143(2)Section 250Section 68

Manoj Kumar Verma, Meerut vs. National Faceless Appeal Centre (NFAC), Delhi

Appeal is partly allowed

ITA 4212/DEL/2024[2017-18]Status: DisposedITAT Delhi08 Jan 2026AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri S Rifaur Rahmanassessment Year: 2017-18 Sh. Manoj Kumar Verma, Vs. Nfac, Prop. Md Jewellers, 1103/2, Delhi Shastri Nagar, Meerut Pan: Aazpv9933A (Appellant) (Respondent) Assessee By None Department By Ms. Ankush Kalra, Sr. Dr Date Of Hearing 08.01.2026 Date Of Pronouncement 08.01.2026 Order Per Satbeer Singh Godara, Jm This Assessee’S Appeal For Assessment Year 2017-18, Arises Against The Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre [In Short, The “Cit(A)/Nfac”], Delhi’S Din & Order No. Itba/Nfac/S/250/2024-25/1067013650(1), Dated 25.07.2024 Involving Proceedings Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). Case Called Twice. None Appears At The Assessee’S Behest. He Is Accordingly Proceeded Ex-Parte. 2. Learned Departmental Representative Vehemently Argues That Both The Learned Lower Authorities Have Rightly Treated The Assessee’S Cash Deposits & Unsecured Loans Of Rs.92 Lakhs & Rs.17 Lakhs; Respectively, Under Section 69A & Section 68 Of The Act; In Assessment Order Dated 18.11.2019 As Upheld In The Lower Appellate Discussion. 3. We Have Given Our Thoughtful Consideration To The Assesseee’S & The Revenue’S Respective Pleadings. The Revenue Could Hardly Dispute That Even Going By The Assessing Officer’S Assessment Discussion, The Assessee Had Admitted Total Sales In Jewellery Wholesale & Retail Business Activity, As The Case May Be, Amounting To Rs.8.69 Crores, Rs.9.16 Crores & Rs.14.99 Crores For F.Y. 2015-16, 2016-17 & 2017-18, Respectively. Necessary Inference Which Would Prima Facie Arise In The Assessee’S Favour In This Backdrop Is That The Impugned Cash Deposits Form Part Of His Jewellery Sales Only; Although Not Reconciled & Verified To The Entire Satisfaction Of Both The Learned Lower Authorities.

Section 115BSection 143(3)Section 68Section 69A