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

Shah Hasan, Uttar Pradesh vs. National Faceless Appeal Centre, Delhi

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

ITA 798/DEL/2025[2012-13]Status: DisposedITAT Delhi20 May 2025AY 2012-13

Bench: Shri Vikas Awasthyआअसं.798/िद"ी/2025(िन.व. 2012-13) Shah Hasan, 157, Mushtarak Miranpur, Jansath, Uttar Pradesh 251315 ...... अपीलाथ"/Appellant Pan: Airph-7471-F बनाम Vs. National Faceless Appeal Center, ..... "ितवादी/Respondent Delhi 110001 अपीलाथ" "ारा/ Appellant By : None "ितवादी"ारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 20/05/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 20/05/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 19.10.2023, For Assessment Year 2012-13. 2. The Appeal Is Time Barred By 408 Days. The Assessee Has Filed An Application Seeking Condonation Of Delay In Filing Of Appeal Supported By An Affidavit. After Perusing The Application For Condonation Of Delay, I Am Satisfied That Delay In Filing Of Present Appeal Is Un-Intentional & Was For The Reasons Stated In The Application

For Appellant: NoneFor Respondent: Shri Manoj Kumar, Sr. DR
Section 142(1)Section 143(2)Section 147Section 148Section 68

Bhupesh Ravinder Datt Sharma, Australia vs. ITO, Ward- 2(85), Delhi

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

ITA 1306/DEL/2025[2016-17]Status: DisposedITAT Delhi20 May 2025AY 2016-17

Bench: Shri Vikas Awasthyआअसं.1306/िद"ी/2025(िन.व. 2016-17) Bhupesh Ravinder Datt Sharma, 16A, Fisher Street, Victoria, Australia 314500 ...... अपीलाथ"/Appellant Pan: Augps-4400-A बनाम Vs. Income Tax Officer, Ward-28(5), ..... "ितवादी/Respondent Civic Centre, Minto Road, New Delhi 110002 अपीलाथ" "ारा/ Appellant By : None "ितवादी"ारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 20/05/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 20/05/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 19.12.2024, For Assessment Year 2016-17. 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Filed Return Of Income U/S. 139 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) For Impugned Assessment Year Declaring Total Income Of Rs.8,11,370/-. The Return Of The Assessee Was Selected For Limited Scrutiny, Notice U/S. 143(2) Of The Act Dated 14.07.2017 Was Issued To The Assessee. Despite Service Of Aforesaid Notice, The Assessee Failed To Respond To The Same. The Assessing Officer (Ao)

For Appellant: NoneFor Respondent: Shri Manoj Kumar, Sr. DR
Section 139Section 143(2)Section 144Section 5Section 68

Income Tax Officer, Parwanoo vs. Kamla Oleo Private Limited, Barotiwala

The appeal stand dismissed

ITA 897/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh19 May 2025AY 2017-18

Bench: Hon’Ble Shri Laliet Kumar & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.897/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2017-18) Ito M/S Kamla Oleo Private Limited बनाम/ Parwanoo, Village Buranwala, Barotiwala Vs. Himachal Pradesh-173220. Solan, Himachal Pradesh. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadck-7696-Q (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal (Adv.). – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 21-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 20-05-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2017-18 Arises Out Of An Order Of Learned Commissioner Of Income Tax [Cit(A)] Dated 25-06-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 29-12-2019. The Issues That Arise In The Appeal Are – (I) Addition Of Unexplained Cash Credit U/S 68; (Ii) Disallowance U/S 14A; (Iii) Addition Of Unexplained Credit U/S 69A. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under. The Assessee Being

For Appellant: Sh. Sudhir Sehgal (Adv.). – Ld. ARFor Respondent: Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR
Section 143(3)Section 14ASection 68Section 69A