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

Balex Pvt.Ltd., Baroda vs. The ACIT., Circle-1(1)(1), Baroda

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 28/AHD/2022[2005-06]Status: DisposedITAT Ahmedabad06 May 2022AY 2005-06

Bench: Shri Pramod M Jagtap & T.R. Senthil Kumarassessment Year : 2005-06 Balex Private Ltd. The Acit A-5, Nandavan Society, Vs Circle-1(1)(1), Sussen Textile Road, Vadodara-390007 Vadodara-391240 Pan : Aaacb7665B अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Parimalsinh B Parmar, Ar Revenue By : Shri S. S. Shukla, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 04/05/2022 घोषणा क" तार"ख /Date Of Pronouncement: 06/05/2022 आदेश/O R D E R Per T.R. Senthil Kumar: This Is An Appeal Filed By The Assessee Against The Order Dated 02.12.2021 Passed By The Commissioner Of Income Tax (Appeals) (In Short “Cit(A)”) Of National Faceless Appeal Center, Delhi Relating To The Assessment Year 2005-06. 2. The Brief Facts Of The Case Is That The Assessee Is Engaged In The Business Of Manufacturing Of Aluminium Sections. For The A.Y. 2005-06 The Assessee Filed Its Return Of Income On 29.10.2005 Declaring A Loss Of Rs. 38,90,070/-. The Assessment Was Completed Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Called “The Act”) On 19.11.2007 By Determining The Total Assessed Income As Nil. The Assessee Was Also Made Addition On Account Of Unsecured Loan Of Rs. 93,95,000/- & 2

For Appellant: Shri Parimalsinh B Parmar, ARFor Respondent: Shri S. S. Shukla, Sr. DR
Section 142(1)Section 143(3)Section 68

Mangal Annasaheb Jadhav, Pune vs. Income Tax Officer, Ahmednagar

In the result, Ground No.1 and 2 are dismissed and Ground

ITA 665/PUN/2017[2012-13]Status: DisposedITAT Pune06 May 2022AY 2012-13

Bench: Shri Satbeer Singh Godara, Jm & Dr. Dipak P. Ripote, Am आयकरअपीलसं. / Ita No.665/Pun/2017 िनधा"रणवष" / Assessment Year : 2012-13 Mangal A. Jadhav, The Income Tax Officer, Ward-1, M/S.Shah Khandelwal Jain & Vs Ahmednagar. Associates, Level 3, Riverside Business Bay, Plot No.84, Wellesley Road, Near Rto, Pune - 411001. Pan: Ahypj 9285 D Appellant/ Revenue Respondent/ Assessee Assessee By Shri Rajiv Thakkar – Ar Revenue By Shri S P Walimbe - Dr Date Of Hearing 19/04/2022 Date Of Pronouncement 06/05/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-2, Pune Dated 09.12.2016For The Assessment Year 2012-13. The Assessee Raised The Following Grounds Of Appeal: “1. On Facts & Circumstances Prevailing In The Case & As Per Provisions Fit Scheme Of The Income-Tax Act, 1961 (‘The Act’) It Be Held That Addition Of Rs. 10,57,073/- Made By The Ao, Doubting The Opening Cash Balance Which Is Further Deposited Into Bank & Upheld By Cit(A), Is Merely On- Guesswork & Conjectures & Is Improper, Unjustified, Incorrect & Contrary To Provisions Of Law & Facts Prevailing In The Case. No Such Addition Is Warranted In The Case Of The Appellant. The Addition Made By The Ao & Upheld By Cit (A) Be Deleted. The Appellant Be Granted Just & Proper Relief In This Respect. 2. On Facts & Circumstances Prevailing In The Case & As Per Provisions & Scheme Of The Income-Tax Act, 1961 (‘The Act’) It Be Held That Addition Of Rs. 60,00,000/- Made By Theao, Doubting The Advances Against Booking Of Flats Received In Cash In Which Were Further Deposited Into Bank & Upheld By Cit(A), Is Merely On Guesswork & Conjectures & Is Improper, Unjustified, Incorrect & Contrary To Provisions Of Law & Facts Prevailing

ITO, Ncw - I (4), Chennai vs. M/S. Nithyasudha Combines, Chennai

In the result, both the appeals filed by the Revenue as well as Cross Objections filed by the assessee are dismissed

ITA 577/CHNY/2020[2015-16]Status: DisposedITAT Chennai06 May 2022AY 2015-16

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.576 & 577/Chny/2020 िनधा"रण वष"/Assessment Year: 2015-16 & C.O. Nos. 06 & 07/Chny/2021 [In I.T.A. No. 576 & 577/Chny/2020] The Income Tax Officer, Vs. M/S. Nithyasudha Combines, Non Corporate Ward 1(4), No. 8/20, Second Cross Street, Chennai – 600 034. Nandanam Extension, Nandanam, Chennai 600 085. [Pan: Aakfn6811A] (अपीलाथ" /Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri Ar V Sreenivasan, Addl. Cit Assessee By : Shri R. Venkata Raman, C.A. सुनवाई की तारीख/ Date Of Hearing : 25.04.2022 घोषणा की तारीख /Date Of Pronouncement : 06.05.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Revenue Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 2, Chennai, Both Dated 16.12.2019 Relevant To The Assessment Year 2015-16 Passed Against Deletion Of Quantum Addition Made Under Section 68 Of The Income Tax Act, 1961 [“Act” In Short] As Well As Deletion Of Penalty Levied Under Section 271(1)(C) Of The Act. The First

For Appellant: Shri R. Venkata Raman, C.AFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(1)Section 143(3)Section 271(1)(c)Section 68

ITO, Ncw - I (4), Chennai vs. M/S. Nithyasudha Combines, Chennai

In the result, both the appeals filed by the Revenue as well as Cross Objections filed by the assessee are dismissed

ITA 576/CHNY/2020[2015-16]Status: DisposedITAT Chennai06 May 2022AY 2015-16

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.576 & 577/Chny/2020 िनधा"रण वष"/Assessment Year: 2015-16 & C.O. Nos. 06 & 07/Chny/2021 [In I.T.A. No. 576 & 577/Chny/2020] The Income Tax Officer, Vs. M/S. Nithyasudha Combines, Non Corporate Ward 1(4), No. 8/20, Second Cross Street, Chennai – 600 034. Nandanam Extension, Nandanam, Chennai 600 085. [Pan: Aakfn6811A] (अपीलाथ" /Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri Ar V Sreenivasan, Addl. Cit Assessee By : Shri R. Venkata Raman, C.A. सुनवाई की तारीख/ Date Of Hearing : 25.04.2022 घोषणा की तारीख /Date Of Pronouncement : 06.05.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Revenue Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 2, Chennai, Both Dated 16.12.2019 Relevant To The Assessment Year 2015-16 Passed Against Deletion Of Quantum Addition Made Under Section 68 Of The Income Tax Act, 1961 [“Act” In Short] As Well As Deletion Of Penalty Levied Under Section 271(1)(C) Of The Act. The First

For Appellant: Shri R. Venkata Raman, C.AFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(1)Section 143(3)Section 271(1)(c)Section 68