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

Deputy Commissioner of Income Tax, Circle 7(1)(1), Mumbai vs. M/S. M B Trade Link Pvt. Ltd., Mumbai

In the result, the grounds of appeal raised by the Revenue are dismissed

ITA 884/MUM/2026[2014-15]Status: DisposedITAT Mumbai17 Aug 2026AY 2014-15

Bench: Shri Pawan Singh & Shri Jagadish(Physical Hearing) Dcit, Circle – 7(1)(1), Mumbai M B Trade Link Pvt. Ltd. R. No. 126, Aayakar Bhawan, V 61, Prabha Mandir, Opp. Veer Savarkar Mumbai – 400020. S Road, Prabhadevi So, Mumbai – 400025 [Pan: Aadcm2011K] Appellant / Revenue Respondent / Assessee Assessee By None Revenue By Ms. Jayshree Thakur, Sr. Dr Dale Of Institution Of Appeal 28.01.2026 Date Of Hearing 17.08.2026 Date Of Pronouncement 17.08.2026 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh; 1. This Appeal By Revenue Is Directed Against The Order Of Ld. Cit(A)Dated 03.11.2025 For Assessment Year (Ay) 2014-15. The Revenue Has Raised Following Grounds Of Appeal: “1. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Ignoring The Fact That As Per Serious Fraud Investigation Officer (Sfio) Report, Most Of The Entities/Individuals Booked Bogus Speculative & Non Speculative Gain & Losses By Trading On The Nsel Platform & Assessee Is Also One Of The Beneficiaries Of Such Scam. 2. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Overlooking The Fact That The Statement Of One Of The Brokers Wherein It Is Clearly Stated That "No Physical Delivery Of Goods Took Place At Any Time Whatsoever In All Trades Executed On Nsel. 3. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Considering The Fact That The Assessee Had Earned Profit Of Rs. 1,50,460/- On Account Of Client Code Modification

Section 148Section 254(1)Section 68

Darshita Sureshkumar Chauhan, Borivali West vs. Ward 42(1)(2), Mumbai, Kautilya Bhavan

In the result, appeal filed by assessee is allowed

ITA 6116/MUM/2026[2019-20]Status: DisposedITAT Mumbai17 Aug 2026AY 2019-20

Bench: Shri Pawan Singh & Shri Jagadish(Physicalhearing) Darshita Sureshkumar Chauhan Ito, Ward – 42(1)(2), Mumbai A-12 Sahyadri Apt. L T Road, Vs Kautilya Bhavan, Borivali West,Mumbai– 400092. Mumbai – 400051. [Pan: Artpc6384R] Appellant / Assessee Respondent / Revenue Assessee By Shri S.D. Chheda, Ca Revenue By Ms. Jayshree Thakur, Sr. Dr Dale Of Institution Of Appeal 21.05.2026 Date Of Hearing 17.08.2026 Date Of Pronouncement 17.08.2026 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh; 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A)Dated 04.04.2026 For Assessment Year (Ay) 2019-20. The Assessee Has Raised Following Grounds Of Appeal: A. Reopening 1. The Learned Commissioner Of Income Tax (Appeals) ["Cit(A)"] Erred In Confirming The Reassessment Order Passed U/S 147 R.W.S. 144 Of The Income-Tax Act, 1961, Which Is Bad In Law, Without Jurisdiction, Void Ab Initio & Liable To Be Quashed. 2. The Learned Cit(A) Erred In Upholding The Validity Of Notice Issued U/S 148 & Order Passed U/S 148A(D) Despite The Fact That The Reopening Was Based On Incorrect Facts, Borrowed Satisfaction & Complete Non- Application Of Mind. 3. The Learned Cit(A) Erred In Not Appreciating That The Assessing Officer Merely Relied Upon Information Uploaded On The Insight Portal / Rms Information & Investigation Wing Report Without Carrying Out Any Independent Enquiry Or Verification As Specifically Required In The Dissemination Note. 4. The Learned Cit(A) Erred In Confirming The Reopening Despite The Fact That No Material Whatsoever Was Supplied Along With Notice U/S 148A(B), Including Alleged Incriminating Statements, Seized Material, Whatsapp Darshita Sureshkumar Chauhan

Section 147Section 148Section 148ASection 151Section 254(1)Section 68