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 Avani Autoworld, Thane vs. ACIT 28 (1), Navi Mumbai

In the result, appeal by assessee is dismissed

ITA 7443/MUM/2019[2015-16]Status: DisposedITAT Mumbai06 Jul 2022AY 2015-16

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 7443/मुं/2019 ("न.व. 2015-16) M/S. Avani Auto World, Balaji House, Srushti Complex, Inside Hiranandani Estate, G.B.Road, Thane (West)- 400 607. Pan: Aatfa-3293-J ...... अपीलाथ" /Appellant बनाम Vs. Acit- 28(1), Room No.306, 3Rd Floor, Tower No.6, Vashi Rly. Station Complex, Vashi, Navi Mumbai 400 703 . ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : None ""तवाद" "वारा/Respondent By : Shri Vachaspati Tripathi सुनवाई क" "त"थ/ Date Of Hearing : 06/07/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 06/07/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-26, Mumbai ( In Short ‘The Cit(A) ’) Dated 14/10/2019 For The Assessment Year 2015-16. 2. This Appeal Was Listed For Hearing For The First Time On 19/05/2021. The Notice Of Hearing Of Appeal Was Sent To The Assessee Through Rpad On The Address Mentioned In Form No.36. The Notice Sent To The Assessee Was Not 2 Received Back From Postal Authorities Unserved, Hence, Deemed To Be Served. Neither The Assessee Nor Any Authorized Representative For The Assessee Appeared On The Date Fixed I.E. On 19/05/2021. Thereafter, The Appeal Was Adjourned To 20/07/2021. Fresh Notice Was Served On The Assessee Through Rpad. Despite Service Of Notice, The Appeal Of Assessee Remain Unrepresented. No Letter Seeking Adjournment Was Either Received. Similar Was The Situation On Subsequent Dates Of Hearing. It Seems That The Assessee Is Not Keen To Pursue The Appeal, Therefore, The Appeal Is Taken Up For Hearing With The Assistance Of Ld. Departmental Representative & The Documents Available On Record.

For Appellant: NoneFor Respondent: Shri Vachaspati Tripathi
Section 68