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

Tarun Mittal, Faizabad vs. DCIT, Faizabad

In the result, the appeal of the assessee is held to be partly allowed for statistical purposes and Stay Application is held to be dismissed as infructuous

ITA 715/LKW/2026[2023-24]Status: DisposedITAT Lucknow31 Aug 2026AY 2023-24

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya/W Sa No. 8/Lkw/2026 A.Y. 2023-24 Tarun Mittal, Vs. The Dcit, 1/13/196, Civil Lines, Faizabad, Faizabad-224001 U.P.-224001 Pan: Ajspm5619C (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Advocate Revenue By: Sh. Atesham Ansari, Cit Dr Date Of Hearing: 27.07.2026 Date Of Pronouncement: 31.08.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dated 5.06.2026, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Order Of The Ld. Assessing Officer Passed Under Section 143(3) For The Assessment Year 2023-24 Dated 21.03.2025. The Assessee Has Also Filed A Stay Application Bearing S.A. No.8/Lkw/2026 For The Stay Of Demand Amounting To Rs. 3,25,22,608/-. The Grounds Of Appeal In Ita No. 715/Lkw/2026 Are As Under:- “01. Because The Cit(A) Has Erred On Facts & In Law In Dismissing The Appeal Ex-Parte Upholding The Addition Of Rs.3,25,51,111/- Made Under Section 68 Of The Act, Without Appreciating The Facts That The Assessee Being In The Business Of Automobiles Had Received Advances Against Sales Of Motor Cycles All Receipts Being Fully Verifiable & Sales Identifiable, The Addition Made By The Ao & Upheld By The Cit(A) Is Contrary To Facts, Bad In Law & Be Deleted. 02. Because The Entire Amount Of Rs.3,25,51,111/- Received On Account Of Trade Advances For Sale Of Motor Cycles, Which Fact Has Not Been Disputed, Nor

For Appellant: Sh. Rakesh Garg, AdvocateFor Respondent: Sh. Atesham Ansari, CIT DR
Section 143(3)Section 282Section 40A(3)Section 68

Badri Prasad Kedar Nath, Vivek Khand Lucknow vs. Deputy/Assistant Commissioner of Income Tax -1, Lucknow New, Pratyaksh Kar Bhawan

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

ITA 389/LKW/2026[2017-18]Status: DisposedITAT Lucknow31 Aug 2026AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Badri Prasad Kedar Nath, Vs. Dy/Asstt. Commissioner Of Income 1/11 Vivek Khand, Lucknow Tax-1, Lucknow New 226010, Lucknow Pan: Aadfb9505G (Appellant) (Respondent) Assessee By: Ms. Shweta, C.A. Revenue By: Sh. Sudhakar Shukla, Dr Date Of Hearing: 17.08.2026 Date Of Pronouncement: 31.08.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dated 12.09.2025, Wherein The Ld. Cit(A) Has Allowed The Appeal Of The Assessee For Statistical Purposes, That Was Filed Against The Order Of The Ld. Assessing Officer Passed Under Section 147 R.W.S. 144 R.W.S. 144B Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “1. The Ld. Commissioner Of Income Tax (Appeals)Has Erred In Law & On Facts In Passing The Order Which Is Illegal, Improper & Against The Principles Of Natural Justice. 2. The Ld. Commissioner Of Income Tax (Appeals)Has Erred In Law & On Facts In Passing The Order Without Giving Adequate Opportunity Of Being Heard & Without Considering The Written Submission Made Before Him. 3. The Ld. Commissioner Of Income-Tax (Appeals) Has Erred In Law & On Facts In Failing To Adjudicate The Addition Of 77,40,914 Made By The Assessing Officer Under Section 68 Of The Act In The Reassessment Order Dated 04.03.2025 Passed Under Section 147 R.W.S. 144B, Despite The Same Being Specifically Challenged By The Appellant In The Grounds Of Appeal Filed Before Him.

For Appellant: Ms. Shweta, C.AFor Respondent: Sh. Sudhakar Shukla, DR
Section 143(3)Section 147Section 271ASection 68Section 69A

Punit Goel, Lucknow vs. DCIT/ACIT-3, Lucknow

In the result, the appeal of the assessee is held to be partly allowed for statistical purposes

ITA 500/LKW/2025[2016-17]Status: DisposedITAT Lucknow31 Aug 2026AY 2016-17

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2016-17 Punit Goel, Vs. Acit-2, C-35, E-Park, Mahanagar Lucknow-New Extension, Lucknow Pan: Aeppg2547F (Appellant) (Respondent) Assessee By: Sh. Ashwani Kumar, C.A. Revenue By: Smt. Pratibha Singh, Addl Cit Dr Date Of Hearing: 11.06.2026 Date Of Pronouncement: 31.08.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dated 2.07.2025 Wherein The Ld. Cit(A) Has Partly Allowed The Appeals Of The Assessee That Were Filed Against The Order Of The Ld. Assessing Officer Under Section 143(3) For The Assessment Year 2016-17 On 25.12.2018. The Grounds Of Appeal Are As Under:- “1 That The Learned Lower Court Erred In Law & Facts Of The Case By Not Allowing The Appeal. 2. That The Learned Lower Court Erred In Law By Not Providing The Reasonable 2 Opportunity Of Being Heard Through Video Conferencing Even After Requesting For The Same. 3. That The Learned Lower Court Erred In Facts & Legal Aspects Of The Case In Making Addition Of Rs. 13,35,356/-Being Difference Of Income As Per 26As & Books. 4. That The Learned Lower Court Erred In Making Addition Of Rs 13,35,356/- On Account Of Alleged Difference With 26As Without Bringing On Record Any Evidence That The Difference Was Income Of The Appellant.

For Appellant: Sh. Ashwani Kumar, C.AFor Respondent: Smt. Pratibha Singh, Addl CIT DR
Section 133(6)Section 143(3)Section 194CSection 68