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

Nilu Construction Private Limited, Kolkata vs. ITO, Ward - 11(3), Kolkata

In the result, the appeal of the assessee is dismissed

ITA 1619/KOL/2018[2012-13]Status: DisposedITAT Kolkata13 Sept 2022AY 2012-13

Bench: Shri Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2012-13 M/S. Nilu Construction Ito, Ward-11(3), Kolkata Pvt. Ltd. 11/1C/1, Glorious Space, Vs. East Topsia Road, Kolkata – 700046. Pan: Aaccn 9790 K (Appellant) (Respondent) Present For: Appellant By : None Respondent By : Smt. Ranu Biswas, Acit, Dr Date Of Hearing : 16.06.2022 Date Of Pronouncement : 13.09.2022 O R D E R Per Sonjoy Sarma, Jm: The Instant Appeal Filed By The Assessee Pertaining To The A.Y. 2012-13 Is Directed Against The Order Passed U/S 250 Of The I.T. Act, 1961 By The Ld. Cit(A) Dated 15.05.2018. The Assessee Is In Appeal Before The Tribunal Raising The Following Grounds: I. For That The Learned Commissioner(Appeals)(Hereinafter Referred To As The Appellate Authority) Has Failed To Appreciate The Contentions & Submissions Raised By The Appellant, As It Was Out & Out Illegal To Have Disallowed The Transactions Procuring Share Capital For The Appellant Company, To The Tune Of 135,00,000 Inr, On The Sole Reason That The Directors Of The 5 Share Holding Companies Did Not Personally Appear In Response To The Summons Issued Under Section 131 Of The Said Act, Especially When The Companies In Question Have Entered Appearances Through Authorized Agents, Produced & Furnished All Required Documents, Received The Summons Through Speed Post & They Have Also Not Been Reported As Shell Companies By The Roc.

For Appellant: NoneFor Respondent: Smt. Ranu Biswas, ACIT, DR
Section 131Section 250

Rama Paper Mills Ltd, Bijnore vs. DCIT Central Circle-01, Kanpur

In the result, the appeal filed by the assessee is allowed

ITA 3802/DEL/2019[2014-15]Status: DisposedITAT Delhi12 Sept 2022AY 2014-15

Bench: Shri C.M. Garg & Shri Pradip Kumar Kediaassessment Year: 2014-15 Rama Paper Mills Ltd., Vs. Dcit, Najeebabad Road, Central Circle-01, Kiratpur, Kanpur. Bijnor, Uttar Pradesh. Pan: Aabcr5686D (Appellant) (Respondent) Assessee By : Shri P.C. Yadav, Advocate Revenue By : Shri Ramdhan Meena, Sr. Dr Date Of Hearing : 29.08.2022 Date Of Pronouncement : 12.09.2022 Order Per C.M. Garg, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 11.03.2019 Of The Cit(A), Moradabad, Relating To Assessment Year 2014-15. 2. The Grounds Of Appeal Raised By The Assessee Read As Under:- “1. That The Ld. Cit (Appeal) Has Erred In Upholding The Penalty Of Rs.9,27,000/-,Imposed By The Ao., Invoking The Provisions Of Sec 271 (1) ( C) Of It Act 1961. 2. That The Ld. Cit (Appeal) Has Erred In Upholding The Penalty Of Rs. 9,27,000/-, Without Looking Into Facts & Circumstances Of The Case & Relying On Irrelevant Judicial Pronouncements. 3. That The Impugned Appellate Order Is Arbitrary, Illegal, Bad In Law & In Violation Of Rudimentary Principles Of Contemporary Jurisprudence. 4. That The Ld. Assessing Officer Has Erred On Facts & In Law In Levying The Penalty Of Rs. 9,27,000/- U/S. 271(1) (C) Without Clearly Specifying The Charge I.E. Concealment Of Income "Or Furnishing Of Inaccurate Particulars. 5. That The Appellant Craves Leave To Add/Alter Any/All Grounds Of Appeal Before Or At The Time Of Hearing Of The Appeal. 6. That The Ld. Assessing Officer Has Erred On Facts & In Law In Levying The Penalty Of Rs. 9,27,000/- U/S. 271(1) (C) Despite There Is No Concealment Of Income By The Appellant Nor Assessee Furnished In Inaccurate Particulars Of Income By The Appellant.”

For Appellant: Shri P.C. Yadav, AdvocateFor Respondent: Shri Ramdhan Meena, Sr. DR
Section 271(1)Section 271(1)(c)Section 68

Sunny Rock Estates Developers Pvt. Ltd., Kolkata vs. DCIT, Cir. 1(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 23/KOL/2022[2013-14]Status: DisposedITAT Kolkata09 Sept 2022AY 2013-14

Bench: Shri Rajpl Yadav & Shri Girish Agrawal(सम" "ी राजपाल यादव उपा"" एवं "ी िगरीश अ"वाल लेखा सद" Assessment Year: 2013-14 Sunny Rock Estates & Deputy Commissioner Of Developers Pvt. Ltd. Income-Tax, Circle-1(1), Vs. 17, Colonel Biswas Road, Kolkata. Kolkata-700019. (Pan: Aadcs6898J) (Appellant) (Respondent) Present For: Appellant By : Shri Soumitra Choudhury, Advocate Respondent By : Shri Biswanath Das, Sr. Dr Date Of Hearing : 02.08.2022 Date Of Pronouncement : 09.09.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Directed Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No.Itba/Nfac/S/250/2021-22/1037406250(1) Dated 01.12.2021 For A.Y. 2013-14 Arising Out Of Order Passed U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Dcit, Circle-1(2), Kolkata Dated 28.12.2015. 2. In The Present Appeal, Essentially There Are Two Issues Involved – One Relating To Treatment Of Interest Income Of Rs.89,73,695/- As Income From Other Sources As Against Business Income Claimed By The Assessee & Another Relating To Disallowance Of Interest Expenses Of Rs.41,06,890/- Which According To The Ld. Ao Had To Be Capitalized Towards Project Development. For These Two Issues, Assessee Has Taken

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri Biswanath Das, Sr. DR
Section 143Section 143(3)Section 14ASection 56(2)Section 68