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

Prem Forge & Alloys Pvt. Ltd., Kolkata vs. I.T.O., Technical-1, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 2498/KOL/2019[2012-13]Status: DisposedITAT Kolkata26 Oct 2021AY 2012-13

Bench: Shri Sanjay Gargi.T.A. No.2498/Kol/2019 Assessment Year: 2012-13 Prem Forge & Alloys Pvt. Ltd.……………………..………………….……Appellant C/O Burman Bohra & Associates, Commerce House, 5Th Floor, Room No.4, 2A, G.C. Avenue, Kolkata-700013. [Pan:Aafcp0895A] Vs. Ito, Technical-1, Kolkata………………………………...………..…..Respondent Appearances By: Shri Miraj D Shah, Ar, Appeared On Behalf Of The Appellant. Shri Jayanta Khanra, Jcit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 02, 2021 Date Of Pronouncing The Order : October 26, 2021 Hearing Through Video Conferencing Order The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 18.09.2019 Of The Commissioner Of Income Tax (Appeals)-17, Kolkata (Hereinafter Referred To As ‘Cit’) Passed U/S 143(3) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Sole Issue Involved In This Appeal Is Relating To The Share Application Money Of Rs.37,17,000/- Received By The Assessee Company. 3. The Ld. Assessing Officer Observed That The Assessee During The Year Received Share Application Money From Eight Parties Totalling Rs.37,17,000/-. Being Asked To Explain The Identity, Creditworthiness Of The Subscribers & Genuineness Of The Transactions, The Assessee Furnished Relevant Details & Documents Of The Subscribers Such As Income Tax Return For Assessment Year 2012-13 Along With Computation Of Income, Income & Expenditure A/C, Balance Sheet, Bank Statement & Ledger Of The

Section 143(3)Section 68

M/S Atlanta Ltd, Mumbai vs. DCIT Ircle-9 (1)(2), Mumbai

Appeals stands partly allowed whereas the appeals of the revenue stand dismissed

ITA 7424/MUM/2019[2010-11]Status: DisposedITAT Mumbai26 Oct 2021AY 2010-11

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.7424/Mum/2019 (धििाारण वर्ा / Assessment Year: 2010-11) 2. आयकरअपील सं./ I.T.A. No.7425/Mum/2019 (धििाारण वर्ा / Assessment Year: 2011-12) M/S Atlanta Limited Dcit Circle – 9(1)(2), बिाम/ 301, Shree Ambashanti Chambers Aaykar Bhavan, Opp. Hotel Leela, Andheri (East), Mumbai-400 020 Vs. Mumbai-400 059 स्थायीलेखासं./ जीआइआरसं./ Pan/Gir No. Aaaca-8865-E (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : & 3. आयकरअपील सं./ I.T.A. No.7630/Mum/2019 (धििाारण वर्ा / Assessment Year: 2011-12) 4. आयकरअपील सं./ I.T.A. No.7631/Mum/2019 (धििाारण वर्ा / Assessment Year: 2012-13) 5. आयकरअपील सं./ I.T.A. No.7632/Mum/2019 (धििाारण वर्ा / Assessment Year: 2013-14) Dcit Circle – 9(1)(2), M/S Atlanta Limited R. No. 210, 2Nd Floor बिाम/ 301, Shree Ambashanti Chambers Aaykar Bhavan, M. K. Road, Opp. Hotel Leela, Andheri (East), Vs. Mumbai-400 020 Mumbai-400 059 स्थायीलेखासं./ जीआइआरसं./ Pan/Gir No. Aaaca-8865-E (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Vijay Mehta, Ld. Ar Revenue By : Shri Brajendra Kumar– Ld. Sr. Dr सुनवाई की तारीख/ : 02/09/2021 Date Of Hearing घोषणा की तारीख / : 26/10/2021 Date Of Pronouncement

For Appellant: Shri Vijay Mehta, Ld. ARFor Respondent: Shri Brajendra Kumar– Ld. Sr. DR
Section 133ASection 143(3)Section 147Section 148Section 68

Amrik Singh, Delhi vs. DCIT, Circle- 19(1), New Delhi

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

ITA 3230/DEL/2018[2013-14]Status: DisposedITAT Delhi26 Oct 2021AY 2013-14

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2013-14 Amrik Singh, Vs Dcit, M/S Sbg & Co., Cas, Circle-19(1), 9 Atta-Ur-Rehman Lane, New Delhi. Civil Lines, New Delhi. Pan : Aaxps2407C (Appellant) (Respondent) Assessee By : Shri S.B. Gupta, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 26.10.2021 Date Of Pronouncement : 26.10.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20Th February, 2018 Of The Cit(A)-7, New Delhi, Relating To The Assessment Year 2013- 14. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed His Return Of Income On 30Th September, 2013 Declaring The Total Income Of Rs.1,16,90,726/-. The Case Was Selected For Scrutiny Under Cass & Statutory Notices U/S 143(2) & 142(1) Of The Act Were Issued On The Assessee Calling For Various Details/Information. However, Despite A Number Of Opportunities Granted By The Ao, There Was No Appearance From The Side Of The Assessee. Therefore, The Ao Proceeded To Complete The Assessment On The Basis Of Material Available On Record. He Noted That The Assessee Has Shown Gross Receipt Of Rs.5,28,74,884/- & Net Profit Was Shown At Rs.1,18,40,726/-. Since The Assessee Did Not File The Requisite Details, The Ao Made Addition Of Rs.1,32,62,315/- Appearing In The Balance Sheet As Unsecured Loan. Similarly, In Absence Of Details Filed For Substantiating The Various Expenses Claimed In The Profit & Loss Account, The Ao Disallowed An Amount Of Rs.11,89,992/- Being 50% Of The Interest Paid For Unsecured Loan Of Rs.23,79,844/-. Similarly, He Also Disallowed 50% Of Expenses On Account Of Other Expenses (Rs.10,71,926/-), Tour & Travel Expenses (Rs.7,70,165/-) & Depreciation (Rs.9,61,370/-) All Totaling To Rs.39,93,453/-. Thus, The Ao Determined The Total Income Of The Assessee At Rs.2,89,46,500/-.

For Appellant: Shri S.B. Gupta, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 143(2)Section 37(1)Section 68

Blooming Diagnostics & Impex Pvt. Ltd., New Delhi vs. ITO, Ward- 5(1), New Delhi

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

ITA 4531/DEL/2017[2012-13]Status: DisposedITAT Delhi26 Oct 2021AY 2012-13

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2012-13 Blooming Diagnostics & Impex Vs Ito, Pvt. Ltd., Ward-5(1), C/O R.K. Tuli & Associates, Ca, New Delhi. 11/37, Old Rajinder Nagar, New Delhi. Pan : Aaccb9882G (Appellant) (Respondent) Assessee By : Shri Baldev Raj, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 26.10.2021 Date Of Pronouncement : 26.10.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Ex Parte Order Dated 10Th March, 2017 Of The Cit(A)-2, New Delhi, Relating To The Assessment Year 2012-13. 2. Although A Number Of Grounds Have Been Raised By The Assessee, These All Relate To The Ex Parte Order Of The Cit(A) In Confirming The Various Additions Made By The Ao & Determining The Total Income Of The Assessee At Rs.2,24,13,520/- Against The Returned Income Of The Assessee Of Rs.5,95,800/-. 3. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company Engaged In The Business Of Trading Of Drugs, Medicines & Pathological Items. It Filed Its Return Of Income On 6Th July, 2013 Declaring The Total Income Of Rs.5,95,810/-. The Case Was Selected For Scrutiny Under Cass & Notice U/S 143(2) Of The Act Dated 02.09.2014 Was Issued & Served Upon The Assessee Through Speed Post. A Questionnaire Dated 22Nd October, 2014 U/S 142(1) Of The Act Was Issued & Served Upon The Assessee For Compliance.

For Appellant: Shri Baldev Raj, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 131Section 142(1)Section 143(2)Section 40Section 68