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

M/S Suryamukhi Vintrade Pvt. Ltd., Kolkata vs. DCIT, C.C.-2(2), Kolkata

In the result, appeal of the assessee is allowed

ITA 107/KOL/2022[2008-09]Status: DisposedITAT Kolkata28 Nov 2022AY 2008-09

Bench: Shri Rajesh Kumar, Hon’Blei.T.A. No. 107/Kol/2022 Assessment Year: 2008-09 M/S. Suryamukhi Vintrade Pvt. Deputy Commissioner Of Income Ltd. Vs Tax, Central Circle -2(2), Kolkata 37/2, Chinar Park New Town Hatiara Rajarhat Main Road Kolkata - 7000157 Pan : Aaecs0373H अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Dharmesh Shah & Pravesh Advani, C.A. Revenue By : Shri Ranu Biswas, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 23/11/2022 घोषणा क" तारीख /Date Of Pronouncement: 28/11/2022 आदेश/O R D E R Per Shri Rajesh Kumar: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 20, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 10/01/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2008-09. 2. This Assessee’S Appeal Is Time Barred By 26 Days. Petition For Condonation Of Delay Has Been Filed. We Have Heard Both The Sides & Find That There Is Reasonable Cause For Delay In Filing Of The Appeal On Time. Hence We Condone The Delay & Admit The Appeal For Hearing. 3. The Assessee Has Challenged The Order Of The Ld. Cit(A) On The Ground That The Ld. Cit(A) Has Confirmed The Reopening U/S 147 Of The Act.

For Appellant: Shri Dharmesh Shah & Pravesh Advani, C.AFor Respondent: Shri Ranu Biswas, Addl. CIT, D/R
Section 143(3)Section 147Section 148Section 250Section 68

Terroir India Wineries Pvt Ltd, Mumbai vs. DCIT, Mumbai

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 2364/MUM/2022[2010-11]Status: DisposedITAT Mumbai28 Nov 2022AY 2010-11

Bench: Shri Vikas Awasthy & Shri Om Prakash Kantvk- Vk- La- 2364@Eaqcbz@2022 ¼Fu-Oa- 2010&11½ ..... Vihykfkhz/Appellant Terroir India Wineries Pvt. Ltd. 13, Yashodhara, 80, C.S. Veer Savarkar Road, Dadar West Mumbai-400 028 Pan No. Aacct2269H Cuke Vs. ..... Izfroknh/Respondent Deputy Commissioner Of Income Tax Circle-8 (3) (1), Aayakar Bhavan, M.K. Road, Mumbai-400 020 Vihykfkhz }Kjk@Applicant By : Shri Abhishek Jhunjhunwala Izfroknh }Kjk@Respondent By : Shri Ashish Heliwal Lquokbz Dh Frffk@Date Of Hearing : 14/11/2022 ?Kks”K.Kk Dh Frffk@Date Of Pronouncement : 28/11/2022 Vkns’K/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Against The Order Of Commissioner Of Income Tax (Appeals) National Faceless Appeal Centre, Delhi, [Hereinafter Referred To As “The Cit(A)”] Dated 14/07/2022 For Assessment Year 2010-11. 2. Shri Abhishek Jhunjhunwala Appearing On Behalf Of The Assessee Submitted At The Out Set That The Impugned Order Has Been Passed By The Cit(A) In Ex-Parte Proceedings. The Learned Authorised Representative (Ar) Submitted That The Notices Sent By The Cit(A) Were Never Received By The Assessee, Therefore, No P A G E | 2 Terroir India Wineries Pvt Ltd Submissions Could Be Made Before The First Appellate Authority. The Cit(A) Passed The Impugned Order Confirming Addition Made U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”). The Assessee Had Also Challenged Validity Of Notice Issued U/S 148 Of The Act. The Ground Raised By The Assessee Have Been Rejected By The Cit(A) In A Summary Manner. The Learned Ar Thus, Prayed For Restoring The Appeal To Cit(A).

For Respondent: Shri Ashish Heliwal
Section 148Section 68

M/S Anushka Soft-Tel Pvt Ltd, Mumbai vs. ITO Ward-12(1)(2), Mumbai

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

ITA 2227/MUM/2022[2008-09]Status: DisposedITAT Mumbai28 Nov 2022AY 2008-09

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.2227/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2008-09) M/S. Anushka Soft-Tel Pvt. बिधम/ Kailash Khandelwal Ltd. Ito, Ward-12(1)(2) Vs. Bldg. No. 3, Shop No. 007, Room No. 146A, 1St New Friend Co-Op Housing Floor, Aayakar Bhawan, Society New Link Road, Maharishi Karve Road, Near Atharva College Csr Churchgate, Mumbai- Complex, Kandivali (W), 400020. Mumbai-400067. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aagca8006M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Poojan Mehta Revenue By: Smt. Shailja Rai (Dr) सुनवाई की तारीख / Date Of Hearing: 03/11/2022 घोषणा की तारीख /Date Of Pronouncement: 28/11/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)-20, Mumbai Dated 18.02.2020 For Ay. 2008-09. 2. At The Outset, We Take Note Of The Ground No. 2 Which Is Against The Action Of The Ld. Cit(A) In Passing The Ex-Parte Order.

For Appellant: Shri Poojan MehtaFor Respondent: Smt. Shailja Rai (DR)
Section 143(3)Section 147Section 250Section 68