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

Perumal Pillai Muthiah Pillai Sankaranarayanan, Srivilliputtur vs. Assistant Commissioner of Income Tax, Circle-1, Virudhunagar, Income Tax Office

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 478/CHNY/2025[2017-2018]Status: DisposedITAT Chennai30 Jun 2025AY 2017-2018

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.478/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Perumal Pillai Muthiah Pillai Vs. The Assistant Commissioner Of Sankaranarayanan, No. 1A, Income Tax, Krishnankoil, Vpm Nagar, Circle – 1, Srivilliputtur, Virudhunagar District, Virudhunagar. Tamil Nadu 626 190. [Pan:Avkps6163K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Vasudevan, Advocate ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 05.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.03.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 628 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Ms. R. Anita, Addl. CIT
Section 142(1)Section 143(2)Section 143(3)Section 68

Dk 140 Uthangarai Pueshes Teachers & Emp. Co-Op Thrift & Credit Scoiety Ltd., Krishnagiri vs. ITO, Ward-1, Krishnagiri

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1227/CHNY/2025[2020-21]Status: DisposedITAT Chennai30 Jun 2025AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1227/Chny/2025 िनधा"रण वष"/Assessment Year: 2020-21 Dk140 Uthangarai Pueshes Teachers Vs. The Income Tax Officer & Emp. Co-Op. Thrift & Credit Ward 1, Society Limited, 140, Uthangarai, Krishnagiri. Krishnagiri-635 001. [Pan:Aagad3195A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T.S. Lakshmi Venkataraman, F.C.A. ""थ" की ओर से/Respondent By : Shri Vijay Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 18.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2020-21. 2. The Assessee Raised 6 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A)

For Appellant: Shri T.S. Lakshmi Venkataraman, F.C.AFor Respondent: Shri Vijay Kumar, JCIT
Section 253(6)Section 44ASection 80P

Deputy Commissioner of Income Tax, Noida vs. Sampark Management Consultancy LLP, Noida

In the result, the appeal of the Revenue is dismissed

ITA 6158/DEL/2024[2017-18]Status: DisposedITAT Delhi30 Jun 2025AY 2017-18

Bench: Shri Anubhav Sharma & Shri Manish Agarwaldeputy Commissioner Of Sampark Management Income Tax, Consultancy Llp, Ayakar Bhawan, A-2D, Vs. Fh-07, Near Jaypee Sector, Noida Hospital, Sector-131, U.P.-201301. Gautam Buddha Nagar, Uttar Pradesh-201301. Pan:Acsfs9969E (Appellant) (Respondent) Assessee By Shri Amit Geol, Ca & Shri Pranav Yadav, Adv. Department By Shri Narpat Singh, Sr. Dr Date Of Hearing 25.06.2025 Date Of Pronouncement 25.06.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Learned Commissioner Of Income Tax (Appeals), (‘The Cit(A) In Short), National Faceless Appeal Centre Dated 14.10.2024 In Appeal No. Nfac/2016- 17/10246564 For Assessment Year 2017-18. 2. At The Outset, It Is Seen That This Appeal Is Preferred By The Revenue Against The Order Passed By Ld. Cit(A) Wherein The Ld. Cit(A) Has Deleted The Additions Made In The Order Passed U/S 143(3) R.W.S. 263 Of The Act Dated 30.03.2023. The Ld. Cit(A) Has Decided The Appeal In Favour Of The Assessee On The Ground That The Order Of Ld. Pcit U/S 263 For Impugned Year Was Quashed By The Co-Ordinate Bench Of The Itat Vide Its Order Dated 23.03.2024 In Ita No.1879/Del/2023. Against This Order, The Revenue Has Preferred Appeal Before The Hon’Ble Allahabad High Court Wherein The Hon’Ble High Court In Ita No. 78/2024 Vide Order Dated 27.11.2024 Dismissed The Appeal

Section 143(3)Section 263Section 68