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

Shanti Devi Kushwaha, Bharatpur vs. ACIT, Circle -4(2)(1), Farrukhabad

The appeal stand partly allowed as indicated upon conclusion of hearing

ITA 33/AGR/2024[2017-18]Status: HeardITAT Agra28 Mar 2025AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 33/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) Smt. Shanti Devi Kushwaha Acit-Circle-4(2)(1) बनाम/ C-162, Ranjeet Nagar Farukhabad Vs. Bharatpur, Rajasthan "थायीलेखासं./जीआइआरसं./Pan/Gir No.Dpbpk-5044-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Shri Shailendra Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 13-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017- 18 Arises Out Of The Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 27-12-2023 In The Matter Of An Assessment Framed By Ld. Ao On Best Judgment Basis U/S 144 Of The Act On 13-11-2019. At The Time Of Hearing, None Appeared For Assessee & Accordingly, The Appeal Was Proceeded With The Able Assistance Of Ld. Sr. Dr Who Pleaded For Dismissal Of The Appeal. 2. It Could Be Seen That The Assessment Has Been Framed On Best Judgment Basis. The Assessee Was Engaged In Civil Contract Work & It Failed To Produce Its Books Of Accounts Before Ld. Ao. Accordingly

For Appellant: NoneFor Respondent: Shri Shailendra Shrivastava – Ld. Sr. DR
Section 115BSection 144Section 68

Moti Lal Yadav, Agra vs. ITO, Ward 2(1)(2), Agra

The appeal stand allowed for statistical purposes

ITA 267/AGR/2024[2017-18]Status: DisposedITAT Agra28 Mar 2025AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.267/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) Shri Moti Lal Yadav Ito-2(1)(2)) Jalesaar Road, Agra. बनाम/ Vs. Yadav Market, Tedim Baghiya Agra, Up 282002. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aazpy-8922-A (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Shri Shailender Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 10-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 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 12-03-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 144 Of The Act On 24-12-2019. The Sole Grievance Of The Assessee Is Confirmation Of Addition Of Cash Deposit For Rs.22 Lacs. At The Time Of Hearing, None Appeared For Assessee & Accordingly, The Appeal Was Heard With The Able Assistance Of Ld.

For Appellant: NoneFor Respondent: Shri Shailender Shrivastava – Ld. Sr. DR
Section 144Section 68

Arya Infrahousing Private Limited, Agra vs. The Prescribed Authority, NFAC, Delhi, ITO2(1)(1), Agra

The appeal stand allowed

ITA 190/AGR/2024[2013-2014]Status: DisposedITAT Agra28 Mar 2025AY 2013-2014

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.190/Agr/2024 (िनधा"रणवष" / Assessment Year: 2013-14) Arya Infrahousing Pvt. Ltd. Ito 2(1)(1) बनाम/ 170A, Vishwakarma Complex Agra Vs. Jaipur House, Agra 282 010 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aalca-1483-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Deepender Mohan (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Shailendra Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 20-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2013-14 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 15-09-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 144B R.W.S. 147 Of The Act On 29-03-2022. Having Heard Vehement Arguments Of Both The Sides & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under. The Registry Has Noted Delay Of 182 Days In The Appeal Which Stand Condoned. 2. The Assessee Did Not File Its Return Of Income For The Year. Pursuant To Receipt Of Information That The Assessee Stood Beneficiary Of Credit Entries From Certain Entities, The Case Was Reopened U/S 147 & A Notice U/S 148 Dated 31-03-2021 Was Issued To The Assessee. The Assessee

For Appellant: Shri Deepender Mohan (CA) – Ld. ARFor Respondent: Shri Shailendra Shrivastava – Ld. Sr. DR
Section 142(1)Section 144BSection 147Section 148Section 148ASection 152Section 68Section 69C