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

Assistant Commissioner of Income Tax, Central Circle 2(2), Chennai vs. Kishore Kumar Jain, Chennai

ITA 2847/CHNY/2024[2012-13]Status: DisposedITAT Chennai26 May 2025AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita Nos.: 2847, 2848 & 2849 /Chny/2024 निर्धारण वर्ष / Assessment Years: 2012-13, 2013-14 & 2016-17 Assistant Commissioner Of Income Tax, Central Circle -2 (2), Chennai. (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement Kishore Kumar Jain, Vs.62, Bvk Sampath Road, Vepery, Chennai - 600 007. [Pan: Aahpj-0401-H] (प्रत्यर्थी/Respondent) Mr. Shivanand K Kalakeri, Cit Mr. B.Ramakrishnan, F.C.A. 13.03.2025 26.05.2025 आदेश /Order Per S. R. Raghunatha: These Three Appeals Filed By The Revenue Are Directed Against Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Chennai, All Dated 10.09.2024 & Pertains To Assessment Years 2012-13, 2013-14 & 2016-17. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue Are Being Heard Together & Disposed Of, By This Consolidated Order. 2. The Revenue Has Raised The Following Common Grounds Of Appeal For All The

Section 143(2)Section 143(3)Section 153ASection 2(22)(e)Section 250

Mahaveer Ranka HUF, Navi Mumbai vs. Income Tax Officer, WD-28(2)(1), Navi Mumbai

In the result, appeal filed by the Assessee stands allowed

ITA 1001/MUM/2024[2013-14]Status: DisposedITAT Mumbai26 May 2025AY 2013-14

Bench: Shri Narender Kumar Choudhryshri Prabhash Shankarassessment Year: 2013-14 Mahaveer Ranka Huf Income Tax Officer Wd- Plot No-12, Sector-12A, 28(2)(1) Vashi, Vs. 4Th Floor, Tower No.6, Vashi Navi Mumbai-400705 Railway Station Building, Vashi, Navi, Mumbai- Pan: Aaihm0939A 400703 (Appellant) (Respondent) Present For: Assessee By : Shri Prakash Jhunjhunwala Revenue By : Shri Hemanshu Joshi, Sr Dr Date Of Hearing : 24.04.2025 Date Of Pronouncement : 26.05.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 16.02.2024, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac), Delhi/ U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2013-14. 2. In The Instant Case, The Assessee Had Purchased 25000 Shares Of M/S. Unisys Softwares & Holdings Ltd. On A Consideration Of Rs.4,20,459/- @ Rs.17 On Dated 25.01.2010 Through Online Platform Of Bombay Stock Exchange. The Payment For Purchase Was Made On The Very Same Date Through Online Mechanism Of Bombay Stock Exchange. Subsequently, The Assessee Sold Such Shares On Dated 18.04.2012 On A Consideration Of Rs.51,62,671/- @ Rs.207 Approx. Through Online Platform Of Bombay Stock Exchange & Has Received The Sale Consideration Through Rtgs On 2

For Appellant: Shri Prakash JhunjhunwalaFor Respondent: Shri Hemanshu Joshi, Sr DR
Section 10(38)Section 250Section 68