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

ITO-19(3)(1), Mumbai vs. Raichand Parasmal Chokshi, Mumbai

In the result, both the appeals by the revenue are dismissed

ITA 1486/MUM/2024[2017-18]Status: DisposedITAT Mumbai22 Apr 2025AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, 305, Ashirwad Building, Lalabaug 10Th Khetwadi Lane, Vs. Mumbai 400012 Mumbai 400004. (Pan: Aaapc6486C) (Appellant) (Respondent) Assessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, Huf Lalabaug 305, Ashirwad Building, Mumbai 400012 Vs. 10Th Khetwadi Lane, Mumbai 400004. (Pan: Aaahr1005A) (Appellant) (Respondent) Present For: Assessee : Shri Umang Shah, Ca Revenue : Shri R.R. Makwana, Addl. Cit Date Of Hearing : 23.01.2025 Date Of Pronouncement : 22.04.2025 O R D E R Per Girish Agrawal: These Two Appeals Filed By The Revenue Are In The Case Of An Individual & Huf Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac) Delhi, Vide Order No. Itba/Nfac/S/250/2023- Ay 2017-18 24/1060184522(1) Dated 29.01.2024 For Individual & Order No. Itba/Nfac/S/250/2024-25/1064573907(1), Dated 02.05.2024 For The Huf, Passed Against The Assessment Orders By Income Tax Officer 19(3)(1), Mumbai U/S. 144 R.W.S 147 Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 29.05.2023 & 21.04.2023, Respectively For Individual & Huf For Assessment Year 2017-18. 2. Appeal In Ita No. 1486/Mum/2024 Is By The Individual & That In Ita No. 3374/Mum/2024 Is By The Huf With The Present Individual As Its Karta. Common Issue Is Involved In Both The Appeals By The Revenue, Raising Identical Grounds Except For Variation In The Quantum Of Addition Made By The Ld. Assessing Officer. Accordingly, Grounds Taken By The Revenue In The Case Of Individual In Ita No. 1486/Mum/2024 Are Reproduced As Under:

For Appellant: Shri Umang Shah, CAFor Respondent: Shri R.R. Makwana, Addl. CIT
Section 10Section 10(38)Section 144Section 68

Naresh Kumar, Prop. Raghav Enterprises 3527, Sector 32-A, Chandigarh Road, Ludhiana, Punjab, 141003 vs. ITO, Ward-1(5), Ludhiana, Punjab

The appeal stand allowed for statistical purposes

ITA 783/CHANDI/2024[2017-2018]Status: DisposedITAT Chandigarh21 Apr 2025AY 2017-2018

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.783/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2017-18) Shri Naresh Kumar Ito Ward No. 1(5) (Prop. Raghav Enterprises) Ludhiana बनाम/ Vs. 3527, Sector 32-A, Chandigarh Road, Ludhiana.141003. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acjpk-7740E (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ : Sh. Sudhir Sehgal (Adv.) – Ld. Ar Appellant By ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur, Addl. Cit – Ld. Sr.Dr सुनवाईकीतारीख/Date Of Hearing : 02-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 21-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017-18 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 24-06-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 28-12-2019. The Sole Grievance Of The Assessee Is Confirmation Of Addition Of Cash Deposit For Rs.193.80 Lacs. Having Heard Rival Submissions & Upon Perusal

For Respondent: Dr. Ranjit Kaur, Addl. CIT – Ld. Sr.DR
Section 143(3)Section 68

Sh. Naresh Chauhan, Shimla vs. DCIT, CC-II, Chandigarh

The appeal stands partly allowed

ITA 727/CHANDI/2019[2011-12]Status: DisposedITAT Chandigarh21 Apr 2025AY 2011-12

Bench: Hon’Ble Shri Laliet Kumar & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 727/Chandi/2019 (िनधा"रणवष" / Assessment Year: 2011-12) Shri Naresh Chauhan Dcit, Central Circle Ii, बनाम/ Anandam Villa,Near Sarkaik Niwas, Room No. G02, Cr Building Horticulture Road, Navbhar Sector 17, Chandigarh. Vs. Shimla. 171006. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abppc-2719-N (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Vishal Mohan, (Sr. Adv) With Sh. Parveen Sharma(Adv.). – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 16-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 21-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2011-12 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 08-02-2019 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S.254 Of The Act On 19-07-2017. 2. It Is Quite Evident That This Is Second Round Of Appeal Since The Assessment Was Restored Back By Tribunal To Ld. Ao Vide Common Order Ita Nos.347 & 348/Chd/2016 Dated 03-08-2016 For Fresh

For Appellant: Sh. Vishal Mohan, (Sr. Adv) with Sh. Parveen Sharma(Adv.). – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 131Section 143(3)Section 68

ITO Ward-46(1), Kolkata vs. Aloke Kumar Banerjee, Howrah

In the result, appeal of the revenue is dismissed

ITA 861/KOL/2024[2011-12]Status: DisposedITAT Kolkata21 Apr 2025AY 2011-12

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.861/Kol/2024 (नििाारण वर्ा / Assessment Year : 2011-2012) Ito, Ward-46(1), Kolkata Vs Aloke Kumar Banerjee, Unit No.A/08/05, Kolkata West International City, Howrah Amta Road & Bombay Road Crossing Salap More, Howrah-711409 Pan No. :Ailpb 4570 D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Anuj Musaddi, Ar राजस्व की ओर से /Revenue By : Shri Sailen Samadder, Addl. Cit-Sr. Dr सुनवाई की तारीख / Date Of Hearing : 20/02/2025 घोषणा की तारीख/Date Of Pronouncement : 21/04/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Revenue Against The Order Dated 15.02.2024 Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2011-2012, On The Following Grounds :- 1. Whether On The Facts & Circumstances Of The Case, The Ld Cit(A) Was Right In Law As Well As On Facts In Deleting The Addition Of Rs. 2,87,12,120/- As Unexplained Cash Deposited In Bank Accounts Without Considering The Facts That The Asseseee Failed To Reconcile The Cash Deposit Of Rs. 2,87,12,210/-. 2. Whether On The Facts & Circumstances Of The Case, The Ld Cit(A) Was Right In Law As Well As On Facts In Deleting The Addition Of Rs. 1,71,925 As Difference In Capital Account As Unexplained Cash Credit Into Books Of Assesee U/S 68 Of The It Act, Without Considering The Facts That The Difference Of Rs. 171925/- Could Not Be Explained By The Assessee.

For Appellant: Shri Anuj Musaddi, ARFor Respondent: Shri Sailen Samadder, Addl. CIT-Sr. DR
Section 68

ACIT, Circle-5.1, Kolkata vs. Yadav Prasad Tosniwal, Kolkata

In the result, appeal of the revenue is dismissed

ITA 1730/KOL/2024[2010-11]Status: DisposedITAT Kolkata21 Apr 2025AY 2010-11

Bench: Shri Rajesh Kumarआयकर अपील सं/Ita No.1730/Kol/2024 (नििाारण वर्ा / Assessment Years : 2010-2011) Acit, Circle-5.1, Kolkata Vs Yadav Prasad Tosniwal, 638, Basanmoyee Apartment Rabindra Sarani, Bagbazar, Kolkata-700003 Pan No. :Acipt6576E (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. राजस्वकीओरसे /Revenue By : Ms. Madhumita Sas, Addl.Cit नििााररतीकीओरसे /Assessee By : Shri Siddharth Kejriwal, Ar सुनवाई की तारीख / Date Of Hearing : 17/04/2025 घोषणा की तारीख/Date Of Pronouncement : 21/04/2025 आदेश / O R D E R This Is The Appeal Filed By The Revenue Against The Order Dated 18.03.2024, Passed By The Ld. Cit(A), National Faceless Appeal Centre, (Nfac), Delhi For The Assessment Year 2010-2011. 2. As Per The Office Record, It Is Noted That The Appeal Is Filed Belatedly By 89 Days. In This Regard, The Revenue Has Filed Condonation Application Stating Therein Sufficient Reasons For Condonation Of Delay. Considering The Reasons Stated In The Application Of The Revenue, The Delay Of 89 Days In Filing The Present Appeal Is Condoned & The Appeal Is Admitted For Hearing. 3. The Revenue Has Raised The Following Grounds :- 1. Whether On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Deleting The Additions To The Tune Of Rs 17,75,988/- Made U/S 68 Of The I.T. Act Made On Account Of Unaccounted Transactions, Ignoring The Evidences Brought On Record By The Assessing Officer To Establish That The Genuineness Of The Transaction & Creditworthiness Could Not Be Satisfactorily Proved In This Case?

For Appellant: Shri Siddharth Kejriwal, ARFor Respondent: Ms. Madhumita Sas, Addl.CIT
Section 147Section 148Section 68