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

Nidhika Rehani, New Delhi vs. ACIT, Circle 5(2)(2), Noida

In the result, appeal of the assessee is partly allowed

ITA 2236/DEL/2023[2017-18]Status: DisposedITAT Delhi17 Sept 2025AY 2017-18

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2017-18] Mrs. Nidhika Rehani, Vs Acit, G-7, Sector-6, Gautam Budh Circle-5(2)(2), Nagar, Noida, U.P.-201301. G.B.Nagar, Noida Pan-Arjpg8733C Appellant Respondent Appellant By Ms. Rano Jain, Adv., Ms. Mansi Jain, Ca & Ms. Shakshi Rustagi, Adv. Respondent By Shri Dheeraj Kumar Jain, Sr.Dr Date Of Hearing 23.06.2025 Date Of Pronouncement 17.09.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 27.06.2023 Passed By Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Cit(Appeal) Ghaziabad/10645/2019-20 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 21.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Is An Individual & E- Filed Her Return Of Income On 31.10.2017, Declaring Total Income Of Inr 32,08,530/-.The Assessee Is Engaged In The Manufacturing & Trading Of Readymade Garments & Is Sole Proprietor Of M/S. Dsyngreen. Based On The Information Available On Record That Assessee Has Made Cash Deposits In The Bank Accounts During Demonetization In Specified Bank Notes (Sbn), Case Of The Assessee Was Taken Up For Scrutiny. After Considering The Submissions Made, Assessment Was Completed U/S 143(3) At A Total Income Of Inr 2,03,49,108/- By Making Following Additions/Disallowances:-

Section 143(3)Section 250Section 68Section 69Section 69C

Vikash Kumar Tapadia, Jamshedpur vs. Income Tax Officer, Jamshedpur

Appeal of the assessee is allowed for statistical purposes

ITA 235/RAN/2024[2018-19]Status: DisposedITAT Ranchi16 Sept 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.235/Ran/2024 Assessment Year: 2018-19 Vikash Kumar Tapadia….........................…...........................……….……Appellant Tapadia Compound, Chowk Bazar, Jugsalai (Jharkhand)-831006.. [Pan: Acnpt2711L] Vs. Ito, Jamshedpur……………………………….……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 10, 2025 Date Of Pronouncing The Order : September 16, 2025 Order Per Sonjoy Sarma: This Appeal Arises From Order Dated 03.02.2024, Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter "The Act") By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) [Hereinafter "The Ld. Cit(A)]. 2. Brief Facts Of The Case Are That In The Case Of The Assessee For The Assessment Year 2018-19, The Assessing Officer Noticed That The Assessee Was Involved In Certain Financial Transaction. However, Assessee Has Not Disclosed The Same In The Return Of Income For The Relevant Year. In View Of The Above Fact After Giving Opportunity As Per Section 148A & Obtaining Approval From The Competent Authority Or U/S 148A(D) Of The Act Was Passed On 30.03.2022. Accordingly, Notice U/S 148 Of The Act Requesting The Assessee To File Return Of Income. However, In Compliance To The Notice, The Assessee Did Not Respond & The Ao View That Unexplained Loan U/S 68 Of The Act Of Rs. 9,00,000/- Unexplained Money U/S 69C Of The Act, Rs. 60,44,241/- & Capital Gains Of Rs. 30,54,000/-

Section 148Section 148ASection 250Section 68Section 69C

DCIT, Cental Circle 2(3), Kolkata vs. Lumino Industries Limited, Merlin Acropolis, E.K.T

In the result, both the appeal of the Revenue and cross objections of the assessee are dismissed

ITA 1223/KOL/2025[2014-2015]Status: DisposedITAT Kolkata16 Sept 2025AY 2014-2015

Bench: Shri Duvvuru Rl Reddy & Shri Rajesh Kumari.T.A. No.1223/Kol/2025 Assessment Year: 2014-15 Dcit, Central Circle-2(3), Kolkata........................…...........................……….……Appellant Vs. Lumino Industries Ltd……………………............…..….…..….......……...…..…..Respondent Unit No.12/4, Merlin Acropolis, E.K.T., Kol-700107. [Pan: Aaacd9817H] C.O No.57/Kol/2025 (In I.T.A. No.1223/Kol/2025) Assessment Year: 2014-15 Lumino Industries Ltd.......................................................................……….…Cross-Objector Unit No.12/4, Merlin Acropolis, E.K.T., Kol-700107. [Pan: Aaacd9817H] Vs. Dcit, Central Circle-2(3), Kolkata ……………….…..….......……..…...…..…..Respondent Appearances By: Shri P. N. Barnwal, Cit-Dr, Appeared On Behalf Of The Revenue. Shri Akkal Dudhwewala, Fca, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : August 06, 2025 Date Of Pronouncing The Order : September 16, 2025 Order Per Rajesh Kumar: This Is An Appeal By The Revenue & Cross Objections D By The Assessee Against The Order Of The Ld. Commissioner Of Income-Tax (Appeals) – 26, Kolkata [Hereinafter Referred To As The ‘Ld. Cit(A)’] Dated 27.03.2025 Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’) For Ay 2014-15. 02. At The Outset, We Note That There Is A Delay In Filing Of The Appeal By 7 Days By The Revenue, For Which, Condonation Petition Has Been Filed. After Hearing Both The Parties & Perusing The Contents Of The Condonation Application Filed By The Revenue, We Are Of The View That The

Section 131Section 133(6)Section 143(2)Section 250Section 68