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

Rajiv Panjwani, Lucknow vs. The Income Tax Officer, Ward- 5(1), Lucknow

In the result, both appeals of the assessee in ITA

ITA 665/LKW/2025[2014-15]Status: DisposedITAT Lucknow24 Aug 2026AY 2014-15

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita Nos.664 & 665/Lkw/2025 ननिाारण वर्ा/ Assessment Years: 2013-14 & 2014-15 Rajiv Panjwani V. The Income Tax Officer, 111, Kesab Bhaduri Road, Ward-5(1) Aminabad Park, S.O, Lucknow- Pratyakshkar Bhawan, 226018. Ramtirth Marg, Lucknow- 226001. Pan:Acwpp8188L अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Rakesh Garg, Advocate प्रत्यर्थी कक और से /Respondent By: Smt Pratibha Singh, Acit (Dr) सुनवाई कक तारीख / Date Of Hearing: 28 07 2026 घोर्णा कक तारीख/ Date Of 24 08 2026 Pronouncement: O R D E R Per Kul Bharat.: These Appeals, By The Assessee Filed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi Dated 18.07.2025 Pertaining To The Assessment Years 2013-14 & 2014-15. For The Sake Of Convenience & Brevity, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up The Appeal Ita. No. 664/Lkw/2025, Pertaining To The A.Y. 2013-14 Is Taken As A Lead Case. The Assessee Has Raised The Following Grounds Of Appeal: - “01. Because The Cit(A) Has Erred On Facts & In Law In Upholding The Proceedings Initiated Under Section 147 Of The Income-Tax Act, 1961, Which Proceedings Being Without Jurisdiction, Bad In Law, Be Quashed.

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Smt Pratibha Singh, ACIT (DR)
Section 147Section 148Section 69C

Rajiv Panjwani, Lucknow vs. The Income Tax Officer, Ward-5(1), Lucknow

In the result, both appeals of the assessee in ITA

ITA 664/LKW/2025[2013-14]Status: DisposedITAT Lucknow24 Aug 2026AY 2013-14

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita Nos.664 & 665/Lkw/2025 ननिाारण वर्ा/ Assessment Years: 2013-14 & 2014-15 Rajiv Panjwani V. The Income Tax Officer, 111, Kesab Bhaduri Road, Ward-5(1) Aminabad Park, S.O, Lucknow- Pratyakshkar Bhawan, 226018. Ramtirth Marg, Lucknow- 226001. Pan:Acwpp8188L अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Rakesh Garg, Advocate प्रत्यर्थी कक और से /Respondent By: Smt Pratibha Singh, Acit (Dr) सुनवाई कक तारीख / Date Of Hearing: 28 07 2026 घोर्णा कक तारीख/ Date Of 24 08 2026 Pronouncement: O R D E R Per Kul Bharat.: These Appeals, By The Assessee Filed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi Dated 18.07.2025 Pertaining To The Assessment Years 2013-14 & 2014-15. For The Sake Of Convenience & Brevity, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up The Appeal Ita. No. 664/Lkw/2025, Pertaining To The A.Y. 2013-14 Is Taken As A Lead Case. The Assessee Has Raised The Following Grounds Of Appeal: - “01. Because The Cit(A) Has Erred On Facts & In Law In Upholding The Proceedings Initiated Under Section 147 Of The Income-Tax Act, 1961, Which Proceedings Being Without Jurisdiction, Bad In Law, Be Quashed.

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Smt Pratibha Singh, ACIT (DR)
Section 147Section 148Section 69C