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

Sharda Rani Gupta L/H Late Hem Chand Gupta, New Delhi vs. ITO, Ward 55(4), New Delhi

In the result, appeal of the assessee is partly allowed in the terms aforesaid

ITA 2055/DEL/2023[2009-10]Status: DisposedITAT Delhi04 Apr 2025AY 2009-10

Bench: Shri Vikas Awasthyआअसं.2055/िद"ी/2023 (िन.व. 2009-10) Mrs Sharda Rani Gupta, L/H Late Hem Chand Gupta C/O Mr. Sandeep Bhatnagar, C.A, Flat No. 12, 2Nd Floor, Sheel Tara House, 4866/24, Ansari Road, Darya Ganj, New Delhi 110002 ...... अपीलाथ"/Appellant Pan: Aakpg-2688-Q बनाम Vs. Income Tax Officer, Ward 55(4), ..... "ितवादी/Respondent D-Block, Vikas Bhawan, New Delhi 110002 अपीलाथ" "ारा/ Appellant By : None "ितवादी"ारा/Respondent By : Ms. Shivani Bansal, Sr. Dr & Shri Om Prakash, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 10/01/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 04/04/2025 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 18.04.2023, For Assessment Year 2009-10. 2. The Appeal Is Time Barred By 29 Days. The Assessee Has Filed An Application Seeking Condonation Of Delay In Filing Of Appeal. After Perusal Of The Same, I Am Satisfied That Delay In Filing Of Appeal Is Not Intentional, But Was For The Reasons

For Appellant: NoneFor Respondent: Ms. Shivani Bansal, Sr. DR and Shri Om Prakash, Sr. DR
Section 133(6)Section 254Section 68

Shri Rajesh Karshanbhai Vekariya, Rajkot vs. The ITO WD-2(1)(5), Rajkot

The appeal of the assessee is partly allowed

ITA 173/RJT/2024[2011-2012]Status: DisposedITAT Rajkot03 Apr 2025AY 2011-2012

Bench: Dr. Arjun Lal Saini, Am.& Dinesh Mohan Sinha, Jm आयकर अपील सं./Ita No.173/Rjt/2024 "नधा"रण वष" / Assessment Year: (2011-12) Shri Rajesh Karshanbhai Vekariya, Income Tax Officer, Ward- Plot No. 266, Kuvadva Gidc, Opp. 2,(1)(5), Rajkot, Aayakar Vs. Riddhi Agro Industries, Kuvadva, Bhavan, Race Course Ring Rajkot-360003 Road, Rajkot – 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acxpp9434A (Appellant) (Respondent) Appellant By : Shri Mehul Ranpura, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav , Ld .Sr. Dr Date Of Hearing : 08 /01/2025 Date Of Pronouncement : 03/04/2025 आदेश / O R D E R Per Dinesh Mohan Sinha Jm; Captioned Appeal Filed By Assessee Pertaining To Assessment Year 2011-12, Is Directed Against Order Passed By National Faceless Appeal Centre (Nfac) Delhi /Ld. Commissioner Of Income-Tax (Appeal) , Vide Order Dated 25.012024, Which In Turn Arises Out Of Assessment Order Passed By The Assessing Officer (‘Ao’ For Short) Dated 26.03.2015 U/S 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”). 2. The Assessee Has Raised Following Grounds Of Appeal: “1. The Grounds Of Appeal Mentioned Hereunder Are Without Prejudice To One Another. 2. The Id. Commissioner Of Income-Tax(Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred As To The "Cit(A)"] Erred On Facts As Also In Law Confirming Addition Of Rs.86,68,718/- Made By The Ao On Account Of Alleged Unexplained Cash Credit U/S.68 Of The Act On The Alleged Ground That The Appellant Failed To Prove Genuineness & Creditworthiness Of Various Parties From Whom Unsecured Loan Of Rs.86,68,718/-Were Ita No. 173-Rjt-2024 Shri Rajesh Karshanbhai Vekariya

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav , Ld .Sr. DR
Section 143(3)Section 144Section 44ASection 68