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

Highgrowth Vyapaar Pvt. Ltd., Kolkata vs. ITO, Ward 12(1), Kolkata

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

ITA 1022/KOL/2025[2011-2012]Status: DisposedITAT Kolkata13 Aug 2025AY 2011-2012

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1022/Kol/2025 Assessment Year: 2011-12 Highgrowth Vyapaar Pvt. Ltd…………..……..…………………....Appellant 42E, Cornfield Road, Ground Floor, Ballygunge, Kol-19. [Pan: Aacch0203R] Vs. Ito, Ward-12(1), Kolkata..…………....…..………………….…..... Respondent Appearances By: Shri Avijit Ghoshal, Advocate, Appeared On Behalf Of The Appellant. Shri Soumitra Ghosh, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 28, 2025 Date Of Pronouncing The Order : August 13, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre Dated 15.03.2024 Passed Against The Assessment Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2011–12. 2. At The Outset, It Is Noted That There Is A Delay Of 347 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication. 3. Brief Facts Of The Case Are That In The Case Of The Assessee, The Return Of Income Was Filed On 18.03.13 Disclosing A Loss Of Rs.11,281/-.

Section 143(1)Section 143(2)Section 147Section 250Section 68

Shyam Sel & Power Limited, Kolkata vs. ACIT, CC - 1(1), Kolkata

In the result, appeal of the assessee-M/s Shyam Metalics And Energy

ITA 1019/KOL/2024[2018-2019]Status: DisposedITAT Kolkata13 Aug 2025AY 2018-2019

Bench: Shri George Mathan & Shri Rakesh Mishrashyam Metalics & Energy Ltd Vs Acit, Central Circle-1(1), 83 Trinity Tower, 7Th Floor, Kolkata Topsia Road, Topsia, Kolkata-700046 Pan No. :Aahcs 5842 A Ita No.1016 & 1017/Kol/2024 (निर्धारण वर्ा /Assessment Year : 2017-2018 & 2018-2019) Shyam Metalics & Energy Ltd Vs Acit, Central Circle-1(1), 83 Trinity Tower, 7Th Floor, Kolkata Topsia Road, Topsia, Kolkata-700046 Pan No. :Aahcs 5842 A Ita No.1018 - 1020/Kol/2024 (निर्धारण वर्ा /Assessment Year : 2017-2018 To 2019-2020) Shyam Sel & Power Limited Vs Acit, Central Circle-1(1), 5, Ss Chamber, 2Nd Floor, Kolkata Pincep Street, C.R.Avenue, Kolkata-700072 Pan No. :Aaecs 9421 J (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri A.K. Tulsiyan, Fca & Robin Maheshwari, Aca रधजस्व की ओर से /Revenue By : Shri Raja Sengupta, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 13/08/2025 घोषणा की तारीख/Date Of Pronouncement : 13/08/2025 आदेश / O R D E R Per George Mathan, Jm: These Are The Appeals Filed By The Two Different Assessees Against The Separate Orders Passed By The Ld. Pr.Cit(Central), Kolkata-1, Dated 07.03.2024, 14.03.2024 & 18.03.2024, Respectively For The Assessment Years 2014-2015, 2017-2018, 2018-2019 & 2019-2020, Respectively.

For Appellant: Shri A.K. Tulsiyan, FCA & RobinFor Respondent: Shri Raja Sengupta, CIT-DR
Section 143(3)Section 153ASection 263Section 80I

M/S. Shyam Metalics and Energy Ltd., Kolkata vs. ACIT, CC - 1(1), Kolkata

In the result, appeal of the assessee-M/s Shyam Metalics And Energy

ITA 1017/KOL/2024[2018-2019]Status: DisposedITAT Kolkata13 Aug 2025AY 2018-2019

Bench: Shri George Mathan & Shri Rakesh Mishrashyam Metalics & Energy Ltd Vs Acit, Central Circle-1(1), 83 Trinity Tower, 7Th Floor, Kolkata Topsia Road, Topsia, Kolkata-700046 Pan No. :Aahcs 5842 A Ita No.1016 & 1017/Kol/2024 (निर्धारण वर्ा /Assessment Year : 2017-2018 & 2018-2019) Shyam Metalics & Energy Ltd Vs Acit, Central Circle-1(1), 83 Trinity Tower, 7Th Floor, Kolkata Topsia Road, Topsia, Kolkata-700046 Pan No. :Aahcs 5842 A Ita No.1018 - 1020/Kol/2024 (निर्धारण वर्ा /Assessment Year : 2017-2018 To 2019-2020) Shyam Sel & Power Limited Vs Acit, Central Circle-1(1), 5, Ss Chamber, 2Nd Floor, Kolkata Pincep Street, C.R.Avenue, Kolkata-700072 Pan No. :Aaecs 9421 J (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri A.K. Tulsiyan, Fca & Robin Maheshwari, Aca रधजस्व की ओर से /Revenue By : Shri Raja Sengupta, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 13/08/2025 घोषणा की तारीख/Date Of Pronouncement : 13/08/2025 आदेश / O R D E R Per George Mathan, Jm: These Are The Appeals Filed By The Two Different Assessees Against The Separate Orders Passed By The Ld. Pr.Cit(Central), Kolkata-1, Dated 07.03.2024, 14.03.2024 & 18.03.2024, Respectively For The Assessment Years 2014-2015, 2017-2018, 2018-2019 & 2019-2020, Respectively.

For Appellant: Shri A.K. Tulsiyan, FCA & RobinFor Respondent: Shri Raja Sengupta, CIT-DR
Section 143(3)Section 153ASection 263Section 80I

DCIT, Circle 4(2), New Delhi vs. Bits N Bytes Soft Pvt Ltd, New Delhi

ITA 880/DEL/2025[2018-19]Status: HeardITAT Delhi13 Aug 2025AY 2018-19

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2018-19 Dcit, Vs Bits N Bytes Soft Pvt. Ltd., Circle-4(2), 6020, Sector B/8, Delhi. Vasant Kunj, Delhi – 110 070. Pan: Aadcb1497L (Appellant) (Respondent) Assessee By : Shri Tanmay Bhatnagar, Advocate & Shri Shivam Gupta, Advocate Revenue By : Shri Vipul Kashyap, Sr. Dr Date Of Hearing : 06.08.2025 Date Of Pronouncement : 13.08.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 19.12.2024 Of The Commissioner Of Income-Tax (Appeals), Nfac, Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’, For Short) In Appeal No.Nfac/2017-18/10039043 Arising Out Of The Appeal Before It Against The Order Dated 24.02.2021 Passed U/S 143 (3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The National E- Assessment Centre (Hereinafter Referred To As The Ld. Ao). 2. On Hearing Both The Sides, We Find That An Addition Was Made U/S 68 Of The Income-Tax Act, 1961 On Account Of Receipt Of Share Premium In The Form Of Foreign Direct Investment From Two Non-Resident Investors, Chalet Llc & Ba India. The Nfac Has Allowed The Appeal Of The Assessee By Following The Determination Of The Issue With Regard To Genuineness Of Transaction By Following The Findings Of The Cit(A) For Ay 2017-18. The Ld. Ar Has Pointed Out Before Us That The Revenue’S Appeal For Ay 2017-18 In Ita No.332/Del/2023 Stands Dismissed By Order Dated 30.06.2025 By A Coordinate Bench Accepting Genuineness Of Transaction, Including The Identity Of The Investors, Who Are Common Here. That Being The State Of Affairs, There Is No Substance In The Grounds As Raised. The Appeal Of The Revenue Is Without Any Merits & The Same Is Dismissed.

For Appellant: Shri Tanmay Bhatnagar, Advocate &For Respondent: Shri Vipul Kashyap, Sr. DR
Section 143Section 68