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

Nemchand Khetshi Dedhia, Mumbai vs. Commissioner of Income Tax(Appeal), Mumbai

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

ITA 1871/MUM/2022[2016-17]Status: DisposedITAT Mumbai23 Sept 2022AY 2016-17

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1871/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2016-17) Nemchand Khetshi Dedhia बिधम/ Cit(A) Row House No. 4, Shree Income Tax Department, Vs. Tilak Complex, Eksar Road, National Faceless Appeal Devki Nagar, Borivli West, Centre (Nfac), Delhi. Mumbai-400103, Maharashtra, India. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacpd3444K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Mr. Chetan Kacha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 01/09/2022 घोषणा की तारीख /Date Of Pronouncement: 23/09/2022 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. Commissioner Of Income Tax (Appeals)/ Nfac, Delhi Dated 28.06.2022 For The Assessment Year 2016-17. 2. The Grounds Of Appeal Of The Revenue Reads As Under: - “1. The Ld. Cit(A) Passed An Order U/S 250 Of Income Tax Act, 1961, Dated 28.06.2022 Having Din & Order No. Itba/Nfac/S/250/2022- 23/1043629976(1) Dismissing The Grounds Of Appeal & Thereby Dismissing The Appeal Without Considering The Submissions Made By The Appellant. 2. The Ld. Cit(A) Erred In Dismissing The Grounds Of Appeal & Thereby Dismissing The Appeal Against The Order Passed By The Ld. Ao (I.E. Ld. Cit(A) Confirmed The Order Passed By The Ld. Ao) U/S 143(3) Dated 22.12.2018, Wherein He Has (I) Made An Addition Of Rs.34,00,000/- U/S 68 Of Income Tax Act, 1961 On Account Of The Cash

For Appellant: NoneFor Respondent: Mr. Chetan Kacha (Sr. AR)
Section 143(3)Section 156Section 234BSection 250Section 68

DCIT - CC- 6(4), Mumbai vs. Shri. Narendra Gehlaut, Mumbai

In the result, the appeal of the revenue stands dismissed

ITA 1429/MUM/2022[2013-14]Status: DisposedITAT Mumbai23 Sept 2022AY 2013-14

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1429/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2013-14) Dcit, Central Circle-6(4) बिधम/ Shri Narendra Gehlaut Room No. 1925, 19Th Floor, 875, Sector-17B, Vs. Air India Building, Nariman Gurugram, Haryana- Point, Mumbai-400021. 122001. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aazpg9630K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri K. Gopal Revenue By: Shri Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 06/09/2022 घोषणा की तारीख /Date Of Pronouncement: 23/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-54, Mumbai Dated 21.10.2021 For The Assessment Year 2013-14. 2. The Grounds Of Appeal Preferred By The Revenue Are As Under: - “(1) Whether, On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit(A) Has Erred In Holding That The Additions / Disallowances Made In The Assessment Order Is Not Sustainable As They Are Without Reference To Any Incriminating Material Found During The Search, Without Appreciating That The Department Has Filed An Slp Against The Decision Of The Hon'Ble High Court Of Bombay In The Case Of Continental Warehousing Corporation (Nhava Sheva) Limited Reported In 374 Itr 645 (Bom), Which Has Been Admitted & Directed To Be Listed By The Hon'Ble Supreme Court Of India, Vide Order Dated 12.10.2015 Reported In [2015] 64 Taxmann.Com 34 (Sc) ?”

For Appellant: Shri K. GopalFor Respondent: Shri Mahesh Akhade (DR)
Section 132Section 143(3)Section 153CSection 68