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

Purushottam Dayal Tulshyan, Sambalpur vs. Income Tax Officer, Ward-2(1), Sambalpur

In the result, appeal of the assessee is allowed

ITA 50/CTK/2024[2013-14]Status: HeardITAT Cuttack11 Jul 2024AY 2013-14

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.50/Ctk/2024 (ननधाारण वषा / Assessment Year : 2013-2014) Purushottam Dayal Tulshyan, Vs Ito, Ward-2(1), Sambalpur Khetrajpur, Balmukund Dora Lane, Sambalpur-768003 Pan No. :Aakpt 1711 B (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 11/07/2024 घोषणा की तारीख/Date Of Pronouncement : 11/07/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Pr.Cit, Sambalpur Passed U/S.263 Of The Act, Dated 18.12.2023 For The Assessment Year 2013-2014. 2. Brief Facts Of The Case Are That The Assessment In This Case Was Completed U/S.143(3) Of The Act On 31.12.2015. Thereafter The Case Was Reopened By Issue Of Notice U/S.148 Of The Act Dated 31.03.2021 & The Reassessment Order Was Passed U/S.147 R.W.S.144B Of The Act On 28.03.2022. Thereafter The Ld. Pr.Cit, Sambalpur Found The Said Order Erroneous As Well As Prejudicial To The Interest Of Revenue & Revised The Said Order Wherein He Has Enhanced The Income Of The Assessee By Rs.4,02,90,000/- On Account Of Addition U/S.68 Of The Act. Against The Said Order, The Assessee Is In Present Appeal Before Us.

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 142(1)Section 143(3)Section 147Section 148Section 148ASection 263Section 68

Income Tax Officer, Ward-3(1)(1), Ahmedabad. vs. Gulamnabi Nuramahmadbhai Momin, Ahmedabad

In the result, the appeal of the Revenue stands dismissed

ITA 362/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad10 Jul 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.362/Ahd/2024 "नधा"रण वष" /Assessment Year : 2017-18 The Income Tax Officer Gulamnabi Nuramahmadbhai बनाम/ Ward-3(1)(1) Momin Ahmedabad Plot No.524A V/S. Opp.Adarsh Hospital Nr.Telav Sheala Cross Road At Telav Sanand Ahmedabad 382 110 (Gujarat) "थायी लेखा सं./Pan: अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Prakash D. Shah & Shri Saiyam V. Shah, Ars Revenue By : Shri Sudhakar Verma, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 02/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal By The Revenue Arises Against The Order Of The Ld.Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Nfac) [Hereinafter Referred To As “The Ld.Cit(A)”] Dated 29-12-2023, For The Assessment Year (Ay) 2017-18, Wherein The Ld.Cit(A) Partly Allowed The Appeal Deleting Additions Made By The Assessing Officer Ito Vs. Gulamnabi Nuramahmadbhai Momin Asst. Year : 2017-18

For Appellant: Shri Prakash D. Shah &For Respondent: Shri Sudhakar Verma, Sr.DR
Section 115BSection 143(2)Section 143(3)Section 68

Tarun Santramdas Varma, Ahmedabad vs. The Asstt. Commissioner of Income Tax, Circle-4(1)(1), Ahmedabad

In the result, the appeal of the Assessee is treated as allowed for statistical purposes

ITA 852/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad10 Jul 2024AY 2015-16

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.852/Ahd/2023 "नधा"रण वष" /Assessment Year : 2015-16 Tarun Santramdas Varma The Asst.Cit बनाम/ 307-308, Sarthik Square Circle 4 (1)(1) Nr. New Us Pizz, Ahmedabad V/S. Sg Highway Ahmedabad – 380 054 (Gujarat) "थायी लेखा सं./Pan: Aaipv 6427 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Parimal Sinh B. Parmar, Ar Revenue By : Shri Sudhakar Verma, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 02/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Preferred By The Assessee Against The Order Of The Ld.Commissioner Of Income Tax (Hereinafter Referred To As “The Ld.Cit(A)”), National Faceless Appeal Centre (Nfac), Delhi, Dated 29-8-2023 Pertaining To The Assessment Year (Ay) 2015-16, Arising From The Assessment Order Passed By The Assessing Officer (Hereinafter Referred To As Tarun Satramdas Varma Vs. Acit Asst. Year : 2015-16

For Appellant: Shri Parimal Sinh B. Parmar, ARFor Respondent: Shri Sudhakar Verma, Sr.DR
Section 142(1)Section 143(2)Section 143(3)Section 68