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

Ranjeet Singh, Lucknow vs. D/ACIT-4, Lucknow

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

ITA 331/LKW/2024[2017-18]Status: DisposedITAT Lucknow16 Oct 2025AY 2017-18

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2017-18 Ranjeet Singh, Vs. The Dcit / Acit-4, 459, Ameer Nagar, Aishbagh, Lucknow-226001 Lucknow-226004 Pan: Afsps0877G (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Advocate Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 23.07.2025 Date Of Pronouncement: 16.10.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dated 22.03.2024, Wherein The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee Against The Orders Of The Ld. Assessing Officer Passed On 21.12.2019. The Grounds Of Appeal Are As Under: - “01. Because The Cit(A) Has Erred On Facts & In Law In Upholding An Addition Of Rs.31,90,000/- Being Cash Deposited In Bank During Demonetization Period As Unexplained, The Same Is Contrary To Facts, Bad In Law, Be Deleted. 02. Because The Entire Cash Deposited In Bank Is Part Of The Sale Proceeds & Realization Of Debts, The Addition Made Is Purely On Suspicions & Surmises, Such Addition Is Contrary To Facts, Bad In Law, Be Deleted. 03. Because There Being No Change In The Method Of Accounting Regularly Followed By The Assessee & The Same Having Being Consistently Accepted, The Books Of Account Having Not Been Rejected, The Stock Tally Not Disputed, The Accounts Being Tax Audited, There Was No Reason For The Ao To Disbelieve The Cash Deposited In The Bank Treating The Same As Unexplained, The Addition Of Rs.31,90,000/- Upheld By The Cit(A) Be Deleted. 04. Because The Amount Of Rs.31,90,000/- Being Cash Deposited In Bank Being Part Of Sale Proceeds & Cash Receipts Already Charged To Revenue For The Purposes Of Computation Of Income, Separate Addition Of The Same Has Resulted Into Double Taxation, Not Permitted By Law, The Addition Made Be Deleted.

For Appellant: Sh. Rakesh Garg, AdvocateFor Respondent: Sh. Amit Kumar, DR
Section 142(1)Section 144Section 272A(1)(d)

Sollfege Electronics Private Limited (Presently Known As Sollfege Electronics Limited), Kolkata vs. ITO, Ward 8(2), Kolkata

In the result, appeal of the assessee is allowed

ITA 1012/KOL/2025[2018-2019]Status: DisposedITAT Kolkata16 Oct 2025AY 2018-2019

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.1012/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2018-2019) Sollfege Electronics Private Vs Ito Ward 8(2), Limited P-7, Chowringhee Square, (Presently Known As Sollfege Kolkata-700069, West Bengal Electronics Limited) 3, Pretoria Street, 2Nd Floor, Chandrakunj Building, Kolkata-700071, West Bengal Pan No. :Aaecd4463B (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri Soumitra Choudhury & Shri Pranabesh Sarkar, Advocates रधजस्व की ओर से /Revenue By : Shri S.B.Chakraborthy, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 27/08/2025 घोषणा की तारीख/Date Of Pronouncement : 16/10/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Assessee Against The Order Dated 22.03.2025, Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2018-2019. 2. At The Time Of Hearing, Ld.Counsel For The Assessee Pressed The Grounds No.8, 9, 10 & 11, Which Are Raised By The Assessee To Challenge The Confirmation Of Addition By The Ld. Cit(A) Of Rs.60.00 Lakhs Made By The Assessing Officer U/S.68 Of The Act As Unexplained Cash Credit. 3. Facts In Brief Are That The Assessee Is Engaged In The Business Of Trading Of Electronics Audio, Video Etc. The Assessee Filed Its Return Of Income U/S.139(1) Of The Act On 06.10.2018 Declaring Total Income At Rs.95,23,889/-. The Notice U/S.148A(B) Of The Act Was Issued By The Assessing

For Appellant: Shri Soumitra Choudhury & ShriFor Respondent: Shri S.B.Chakraborthy, Sr.DR
Section 139(1)Section 148Section 148ASection 68