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

Deputy Commissioner of Income Tax, Delhi vs. Prateek Chitkara, Yamuna Nagar

In the result, both the appeals of the Revenue are dismissed

ITA 4139/DEL/2025[2017-18]Status: DisposedITAT Delhi15 Sept 2026AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Sanjay Awasthiassessment Year: 2019-20 Deputy Commissioner Of Income Tax, Vs Prateek Chitkara, Central Circle-8, Room No.145, E-2, . 348-L, Model Town, Yamuna Ara Centre, Jhandewalan Extension, Nagar 135001, Haryana. New Delhi, Delhi 110055. Pan No. Arvpc8053H Appellant Respondent & Assessment Year: 2017-18 Deputy Commissioner Of Income Tax, Vs Prateek Chitkara, Central Circle-8, Room No.145, E-2, . 348-L, Model Town, Yamuna Ara Centre, Jhandewalan Extension, Nagar 135001, Haryana. New Delhi, Delhi 110055. Pan No. Arvpc8053H Appellant Respondent Assessee By None Revenue By Ms. Kranti, Cit Dr Date Of Hearing: 01.09.2026 Pronouncement On 15.09.2026 O R D E R Per Sanjay Awasthi: 1. This Is A Batch Of Two Appeals Pertaining To The Same Assessee & Since The Facts Are Similar In Both The Cases, We Deem It Fit To Pass A Common Order. It May Be Mentioned That On The Last Date Of Hearing, None Attended On Behalf Of The Assessee But It Was Decided To Continue With The Hearing With The Help Of Ld. Dr, More So Because It Was Revenue’S Appeal. 2. Ita No.4138 Arises From Order Dated 28.03.2025, Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), By Ld. Cit(A)-31, Delhi. Ita 4139 Arises From Order Dated 28.03.2025, Passed U/S 250 Of The Act, By Ld. Cit(A)-31, Delhi.

Section 131Section 132(4)Section 250

Deputy Commissioner of Income Tax, Central Circle-8, Delhi vs. Prateek Chitkara, Harayana

In the result, both the appeals of the Revenue are dismissed

ITA 4138/DEL/2025[2019-20]Status: DisposedITAT Delhi15 Sept 2026AY 2019-20

Bench: Shri Satbeer Singh Godara & Shri Sanjay Awasthiassessment Year: 2019-20 Deputy Commissioner Of Income Tax, Vs Prateek Chitkara, Central Circle-8, Room No.145, E-2, . 348-L, Model Town, Yamuna Ara Centre, Jhandewalan Extension, Nagar 135001, Haryana. New Delhi, Delhi 110055. Pan No. Arvpc8053H Appellant Respondent & Assessment Year: 2017-18 Deputy Commissioner Of Income Tax, Vs Prateek Chitkara, Central Circle-8, Room No.145, E-2, . 348-L, Model Town, Yamuna Ara Centre, Jhandewalan Extension, Nagar 135001, Haryana. New Delhi, Delhi 110055. Pan No. Arvpc8053H Appellant Respondent Assessee By None Revenue By Ms. Kranti, Cit Dr Date Of Hearing: 01.09.2026 Pronouncement On 15.09.2026 O R D E R Per Sanjay Awasthi: 1. This Is A Batch Of Two Appeals Pertaining To The Same Assessee & Since The Facts Are Similar In Both The Cases, We Deem It Fit To Pass A Common Order. It May Be Mentioned That On The Last Date Of Hearing, None Attended On Behalf Of The Assessee But It Was Decided To Continue With The Hearing With The Help Of Ld. Dr, More So Because It Was Revenue’S Appeal. 2. Ita No.4138 Arises From Order Dated 28.03.2025, Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), By Ld. Cit(A)-31, Delhi. Ita 4139 Arises From Order Dated 28.03.2025, Passed U/S 250 Of The Act, By Ld. Cit(A)-31, Delhi.

Section 131Section 132(4)Section 250

ACIT Circle-1(1), Rajkot vs. Jyoti Cnc Automation Limited, Rajkot

In the result, appeal filed by the revenue in ITA No

ITA 224/RJT/2026[2020-21]Status: DisposedITAT Rajkot14 Sept 2026AY 2020-21

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 222, 223 & 224/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2019-20, 2020-21 & 2022-23 ] Assistant Commissioner Of Jyoti Cnc Automation Limited, Income-Tax, Circle- 1(1), Rajkot, Plot No. G-506, Lodhika Gidc, Vs. Room No.502, Aayakar Bhavan, Kalawad Road, Village Metoda, Race Course Ring Road, Rajkot, Rajkot Gujarat 360021 Gujarat-360001 "थायीलेखासं./जीआइआरसं./ Pan/Gir No.: Aabcj1947R (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Biren Shah, Ld. Ar Respondent By : Shri Ravinder Sindhu, Ld. Cit Dr & Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 13/08/2026 14/09/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Three Appeals Filed By The Revenue, Pertaining To Assessment Years (Ays) 2019-20, 2020-21 & 2022-23, Are Directed Against The Separate Orders, Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 08.12.2025, Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer U/S 147 Of The Act.

For Appellant: Shri Biren Shah, Ld. ARFor Respondent: Shri Ravinder Sindhu, Ld. CIT DR and Ganesh Iyer, Ld. Sr. DR
Section 132Section 143(1)Section 147Section 250Section 68Section 69C

ACIT Circle-1(1), Rajkot vs. Jyoti Cnc Automation Limited, Rajkot

In the result, appeal filed by the revenue in ITA No

ITA 223/RJT/2026[2022-23]Status: DisposedITAT Rajkot14 Sept 2026AY 2022-23

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 222, 223 & 224/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2019-20, 2020-21 & 2022-23 ] Assistant Commissioner Of Jyoti Cnc Automation Limited, Income-Tax, Circle- 1(1), Rajkot, Plot No. G-506, Lodhika Gidc, Vs. Room No.502, Aayakar Bhavan, Kalawad Road, Village Metoda, Race Course Ring Road, Rajkot, Rajkot Gujarat 360021 Gujarat-360001 "थायीलेखासं./जीआइआरसं./ Pan/Gir No.: Aabcj1947R (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Biren Shah, Ld. Ar Respondent By : Shri Ravinder Sindhu, Ld. Cit Dr & Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 13/08/2026 14/09/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Three Appeals Filed By The Revenue, Pertaining To Assessment Years (Ays) 2019-20, 2020-21 & 2022-23, Are Directed Against The Separate Orders, Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 08.12.2025, Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer U/S 147 Of The Act.

For Appellant: Shri Biren Shah, Ld. ARFor Respondent: Shri Ravinder Sindhu, Ld. CIT DR and Ganesh Iyer, Ld. Sr. DR
Section 132Section 143(1)Section 147Section 250Section 68Section 69C

ACIT Circle-1(1), Rajkot vs. Jyoti Cnc Automation Limited, Rajkot

In the result, appeal filed by the revenue in ITA No

ITA 222/RJT/2026[2019-20]Status: DisposedITAT Rajkot14 Sept 2026AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 222, 223 & 224/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2019-20, 2020-21 & 2022-23 ] Assistant Commissioner Of Jyoti Cnc Automation Limited, Income-Tax, Circle- 1(1), Rajkot, Plot No. G-506, Lodhika Gidc, Vs. Room No.502, Aayakar Bhavan, Kalawad Road, Village Metoda, Race Course Ring Road, Rajkot, Rajkot Gujarat 360021 Gujarat-360001 "थायीलेखासं./जीआइआरसं./ Pan/Gir No.: Aabcj1947R (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Biren Shah, Ld. Ar Respondent By : Shri Ravinder Sindhu, Ld. Cit Dr & Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 13/08/2026 14/09/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Three Appeals Filed By The Revenue, Pertaining To Assessment Years (Ays) 2019-20, 2020-21 & 2022-23, Are Directed Against The Separate Orders, Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 08.12.2025, Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer U/S 147 Of The Act.

For Appellant: Shri Biren Shah, Ld. ARFor Respondent: Shri Ravinder Sindhu, Ld. CIT DR and Ganesh Iyer, Ld. Sr. DR
Section 132Section 143(1)Section 147Section 250Section 68Section 69C

ACIT Circle 1 1, Rajkot vs. Tanvi Export India Limited, Rajkot

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

ITA 681/RJT/2025[2023-24]Status: DisposedITAT Rajkot11 Sept 2026AY 2023-24

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 681/Rjt/2025 [ "नधा"रण वष"/Assessment Year: 2023-24 ] Assistant Commissioner Of Tanvi Exports India Limited, Income-Tax, Circle-1(1), Rajkot Plot No. 345/1 Aji Industrial Vs. Room No. 502, Aayakar Bhavan, Estate, Opp. Shri Bavishi Race Course Ring Road, Weigh Bridge Aji Gidc, Rajkot Gujarat 360001 Rajkot, Gujarat 360003 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaict0080A (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Hiren Trivedi, Ld. Ar Respondent By : Shri Ravinder Sindhu, Ld. Cit Dr Date Of Hearing : 12/08/2026 11/09/2026 Date Of Pronouncement : :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year (Ay) 2023-24, Is Directed Against The Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 28.08.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3) Read With Section 144B Of The Act, Dated 26.02.2025. Ita No.681/Rjt/2025 [ Ay 2023-24 ] Acit Vs. Tanvi Exports India Limited

For Appellant: Shri Hiren Trivedi, Ld. ARFor Respondent: Shri Ravinder Sindhu, Ld. CIT DR
Section 143(3)Section 144BSection 250Section 68