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

Devender, Bhiwani vs. ITO, Bhiwani

Appeal is partly allowed

ITA 3339/DEL/2026[2012-13]Status: DisposedITAT Delhi08 Sept 2026AY 2012-13

Bench: Shri Satbeer Singh Godara & Smt. Renu Jauhriassessment Year: 2012-13 Sh. Devender, Vs. Income Tax Officer, Payal Niwas, 54 Foot Road, Bhiwani, Gali No. 2, Vidya Nagar, Haryana Bhiwani, Haryana Pan: Akqpp2907D (Appellant) (Respondent) Assessee By None Department By Sh. Manoj Kumar, Sr. Dr Date Of Hearing 23.07.2026 Date Of Pronouncement 23.07.2026 Order Per Satbeer Singh Godara, Jm This Assessee’S Appeal For Assessment Year 2012-13, Arises Against The Commissioner Of Income Tax (Appeals)/Addl./Jcit(A), Bhubaneswar’S Order Dated 19.01.2026 Having Din & Order No. Itba/Apl/S/250/2025-26/1084926167(1), Involving Proceedings Under Section 144 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. It Emerges During The Course Of Hearing That The Assessee Presses For His Sole Substantive Ground On Merits Challenging Both The Learned Lower Authorities’ Action Treating Its Cash Deposits Of Rs.21,90,000/- As Unexplained U/S 68 In The Assessment Order Dated 21.12.2019. The Learned Cit(A) Thereafter Deleted The Addition Of Rs.11,87,500/- & Confirmed The Remaining Addition Of Rs.10,02,500/-. 3. It Is Noticed That The Assessee Had Sold His Agricultural Land Admeasuring 2 Acres, Situated At Village- Rawalwas Kalan, Tehsil- Balsamand Distt. Haryana, For A Sale Consideration Of Rs.23,75,000/- As Per Sale Deed Dated 20.10.2011. There Is Hardly Any Dispute That The Assessee Had Indeed Deposited The Impugned Cash On Various Occasions Between 04.04.2011 To 27.03.2012 In His Saving Bank Account Maintained With The State Bank Of India. He Has Further Claimed The Same As Representing Sale Consideration In Lieu Of Transfer Of His Agricultural Lands Executed In The Relevant Previous Year Which Has Nowhere Been Disputed In The Lower Appellate Discussion.

Section 144Section 68