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

Jagadisa Realtors P Ltd, Urapakkam vs. ITO Corporate Circle, Chennai

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

ITA 501/CHNY/2020[2013-14]Status: DisposedITAT Chennai10 Feb 2022AY 2013-14

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.501/Chny/2020 िनधा"रण वष"/Assessment Year: 2013-14 M/S. Jagadisa Realtors Private Limited, The Income Tax Officer, Vs. No. 2, Pillaiyar Koil 1St Cross Street, Corporate Circle 2(3), Kilambakkam, Annai Anjugam Nagar Chennai 600 034. Post, Urapakkam 603 211. [Pan:Aaccj0095R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, C.A. ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 02.02.2022 घोषणा की तारीख /Date Of Pronouncement : 10.02.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 6, Chennai Dated 19.11.2019 Relevant To The Assessment Year 2013-14. 2. Facts Are, In Brief, That The Assessee M/S. Jagadisa Realtors Private Limited Filed Its Return Of Income Declaring Nil Income. The Case Was Elected For Scrutiny & Issued Notices As Per Procedure & Assessment Was Completed Under Section 144 Of The Income Tax Act

For Appellant: Shri T. Banusekar, C.AFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 144Section 68

Shri S. Prakash, Tirupur vs. DCIT, Central Circle-1, Coimbatore

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 159/CHNY/2020[2013-14]Status: DisposedITAT Chennai10 Feb 2022AY 2013-14

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.156, 157, 158 & 159/Chny/2020 िनधा"रण वष"/Assessment Years: 2009-10, 2010-11, 2011-12 & 2013-14 Shri S. Prakash, The Deputy Commissioner Of No. 10, Chellappa Puram, 5Th Street, Vs. Income Tax, Doomlight Ground, Tirupur, Central Circle 1, Tamil Nadu 641 604. Coimbatore. [Pan:Aippp3850L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri I. Dinesh, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 02.02.2022 घोषणा की तारीख /Date Of Pronouncement : 10.02.2022 आदेश /O R D E R Per V. Durga Rao: These Four Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 16, Chennai All Dated 28.11.2019 Relevant To The Assessment Years 2009-10, 2010-11, 2011-12 & 2013-14. All The Appeals Were Heard Together & Being Disposed Of By This Common Order For The Sake Of Brevity. The Only Effective Ground Raised In All The Appeals Relate To Confirmation Of Addition Made Towards Unexplained Cash Credits Under Section 68 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri I. Dinesh, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 131Section 133ASection 68

Shri S. Prakash, Tirupur vs. DCIT, Central Circle-1, Coimbatore

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 158/CHNY/2020[2011-12]Status: DisposedITAT Chennai10 Feb 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.156, 157, 158 & 159/Chny/2020 िनधा"रण वष"/Assessment Years: 2009-10, 2010-11, 2011-12 & 2013-14 Shri S. Prakash, The Deputy Commissioner Of No. 10, Chellappa Puram, 5Th Street, Vs. Income Tax, Doomlight Ground, Tirupur, Central Circle 1, Tamil Nadu 641 604. Coimbatore. [Pan:Aippp3850L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri I. Dinesh, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 02.02.2022 घोषणा की तारीख /Date Of Pronouncement : 10.02.2022 आदेश /O R D E R Per V. Durga Rao: These Four Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 16, Chennai All Dated 28.11.2019 Relevant To The Assessment Years 2009-10, 2010-11, 2011-12 & 2013-14. All The Appeals Were Heard Together & Being Disposed Of By This Common Order For The Sake Of Brevity. The Only Effective Ground Raised In All The Appeals Relate To Confirmation Of Addition Made Towards Unexplained Cash Credits Under Section 68 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri I. Dinesh, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 131Section 133ASection 68

Shri S. Prakash, Tirupur vs. DCIT, Central Circle-1, Coimbatore

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 157/CHNY/2020[2010-11]Status: DisposedITAT Chennai10 Feb 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.156, 157, 158 & 159/Chny/2020 िनधा"रण वष"/Assessment Years: 2009-10, 2010-11, 2011-12 & 2013-14 Shri S. Prakash, The Deputy Commissioner Of No. 10, Chellappa Puram, 5Th Street, Vs. Income Tax, Doomlight Ground, Tirupur, Central Circle 1, Tamil Nadu 641 604. Coimbatore. [Pan:Aippp3850L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri I. Dinesh, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 02.02.2022 घोषणा की तारीख /Date Of Pronouncement : 10.02.2022 आदेश /O R D E R Per V. Durga Rao: These Four Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 16, Chennai All Dated 28.11.2019 Relevant To The Assessment Years 2009-10, 2010-11, 2011-12 & 2013-14. All The Appeals Were Heard Together & Being Disposed Of By This Common Order For The Sake Of Brevity. The Only Effective Ground Raised In All The Appeals Relate To Confirmation Of Addition Made Towards Unexplained Cash Credits Under Section 68 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri I. Dinesh, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 131Section 133ASection 68

Shri S. Prakash, Tirupur vs. DCIT, Central Circle-1, Coimbatore

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 156/CHNY/2020[2009-10]Status: DisposedITAT Chennai10 Feb 2022AY 2009-10

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.156, 157, 158 & 159/Chny/2020 िनधा"रण वष"/Assessment Years: 2009-10, 2010-11, 2011-12 & 2013-14 Shri S. Prakash, The Deputy Commissioner Of No. 10, Chellappa Puram, 5Th Street, Vs. Income Tax, Doomlight Ground, Tirupur, Central Circle 1, Tamil Nadu 641 604. Coimbatore. [Pan:Aippp3850L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri I. Dinesh, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 02.02.2022 घोषणा की तारीख /Date Of Pronouncement : 10.02.2022 आदेश /O R D E R Per V. Durga Rao: These Four Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 16, Chennai All Dated 28.11.2019 Relevant To The Assessment Years 2009-10, 2010-11, 2011-12 & 2013-14. All The Appeals Were Heard Together & Being Disposed Of By This Common Order For The Sake Of Brevity. The Only Effective Ground Raised In All The Appeals Relate To Confirmation Of Addition Made Towards Unexplained Cash Credits Under Section 68 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri I. Dinesh, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 131Section 133ASection 68

Trac Media Pvt. Ltd., Chennai vs. ACIT, CC-20(1), Chennai

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

ITA 3149/CHNY/2019[2016-17]Status: DisposedITAT Chennai10 Feb 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.3149/Chny/2019 िनधा"रण वष"/Assessment Year: 2016-17 M/S. Trac Media Pvt. Ltd., The Assistant Commissioner Of No. 35, 3Rd Main Road, Kalaimagal Income Tax, Nagar, Ekkattuthangal, Corporate Circle 20(1), Vs. Chennai 600 032. Chennai 600 034. [Pan:Aadct4184G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/ Date Of Hearing : 01.02.2022 घोषणा की तारीख /Date Of Pronouncement : 10.02.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 9, New Delhi Dated 09.08.2019 Relevant To The Assessment Year 2016-17. The Assessee Has Raised Following Grounds: “1. The Order Of The Commissioner Of Income Tax (Appeals) Is Contrary To Law, Facts Of The Case & Material On Record. 2. The Commissioner Of Income Tax (Appeals) & The Assessing Officer Failed To Afford Sufficient Opportunity Of Being Heard To The Appellant Before Passing Exparte Order.

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 131Section 142(1)Section 143(2)Section 144Section 68

Ultra Portfolio Management Pvt. Ltd., New Delhi vs. DCIT, Circle-27(1), New Delhi

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

ITA 8908/DEL/2019[2011-12]Status: DisposedITAT Delhi10 Feb 2022AY 2011-12

Bench: Shri R.K. Pandaassessment Year: 2011-12 Ultra Portfolio Management Pvt. Ltd., Vs Dcit, H-2, Top Floor, Suneja Chamber, Circle-27(1), Alaknanda Commercial Complex, New Delhi. New Delhi. Pan: Aaacu0117D (Appellant) (Respondent) Assessee By : Shri S.C. Verma, Ca Revenue By : Shri Sanjiv Mahajan, Sr. Dr Date Of Hearing : 27.01.2022 Date Of Pronouncement : 10.02.2022 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20Th September, 2019 Of The Cit(A)-9, New Delhi, Relating To Assessment Year 2011-12. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company & Filed Its Return Of Income On 30Th September, 2011 Declaring A Loss Of Rs.3,06,078/-. The Return Was Processed U/S 143(1) On 10.01.2018 At The Returned Income. Subsequently, On The Basis Of Information Received From The Dcit, Central Circle (2), Mumbai Dated 5Th February, 2016 Wherein It Was Informed That Shri Shirish C. Shah, Who Happened To Be The Main Person Engaged In Providing Bogus Accommodation Entries Through The Companies Directly/Indirectly Controlled By Him & The Assessee Company Has Received Accommodation Entry Of Rs.25 Lakhs From M/S Dhanus Technologies Ltd., The Case Of The Assessee Was Reopened By Recording Reasons And, Accordingly, Notice U/S 148 Of The Act Was Issued To The Assessee.

For Appellant: Shri S.C. Verma, CAFor Respondent: Shri Sanjiv Mahajan, Sr. DR
Section 133(6)Section 143(1)Section 147Section 148Section 151Section 68