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

Sanjay Matai, Jaipur vs. ITO, Ajmer

In the result, this appeal of the assessee is allowed for statistical purposes only

ITA 375/JPR/2016[2008-09]Status: DisposedITAT Jaipur08 Sept 2021AY 2008-09

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 375/Jp/2016 Fu/Kzkj.K O"Kz@Assessment Year :2008-09 Shri Sanjay Matai, Cuke I.T.O., Vs. Prop.-M/S Metro Wines, Madar Ward-1(2), Gate, Ajmer. Ajmer. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Alkpm 9533 D Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Mahendra Gargieya (Adv.) Jktlo Dh Vksj Ls@ Revenue By : Smt. Monisha Choudhary (Jcit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 15/06/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 08/09/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A), Ajmer Dated 25/01/2016 For The A.Y. 2008-09 In The Matter Of Order Passed U/S 143(3) Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. Whereas On The Facts & In The Circumstances Of The Case, The Learned Cit(A), Ajmer Has Grossly Erred In Not Accepting The Application Under Rule 46-A Submitted During The Course Of Appeal Proceedings Stating There In That Though Complete Details & Evidence Were Filed Before The Assessing Officer During The Course Of Assessment Proceedings Which Were Not Considered Prospectively. It Is Therefore Respectfully Requested Before Your Honour That Application Under Rule 46A Of The I.T.Act,1961 Of The Appellant Deserves To Be Accepted.

For Appellant: Shri Mahendra Gargieya (Adv.)For Respondent: Smt. Monisha Choudhary (JCIT)
Section 143(3)Section 68

DCIT Circle- 6 (3)(2), Mumbai vs. M/S Jostar Orgotech Pvt Ltd, Mumbai

ITA 103/MUM/2020[2012-13]Status: DisposedITAT Mumbai03 Sept 2021AY 2012-13

Bench: Hon’Ble Shri Pavan Kumar Gadale, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No. 103/Mum/2020 (धििाारण वर्ा / Assessment Year: 2012-13) Dcit-(6)(3)(2) M/S Jostar Orgotech Pvt. Ltd. बिाम/ Aaykar Bhavan, R. No. 576 A-501, Innova Marathon Next Gen. M.K. Road, Mumbai-400 020. Off. Ganpatrao Kadam Marg Vs. Lower Parel(W), Mumbai-400 008 स्थायीलेखासं./ जीआइआरसं./ Pan/Gir No. Aabcj-2496-H (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Revenue By : Ms. Usha Gaikwad– Ld. Sr. Dr Assessee By : Shri J. P. Bairagra– Ld. Ar सुनवाई की तारीख/ : 30/08/2021 Date Of Hearing घोषणा की तारीख / : 03/09/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2012-13 Arises Out Of The Order Of Learned Commissioner Of Income-Tax (Appeals)-12, Mumbai [Cit(A)], Dated 02/09/2019 In The Matter Of Assessment Framed By Ld. Assessing Officer U/S 143(3) On 28/03/2015. The Sole Ground By The Revenue Read As Under: - On The Facts & Circumstances Of The Case & In Law, The Ld.Cit(A) Erred In Deleting The Addition Of Rs.5,68,60,000/- Made By The Ao On Account Of Share Application Money/Share Capital & Share Premium Which Is Held As Unexplained

For Appellant: Shri J. P. Bairagra– Ld. ARFor Respondent: Ms. Usha Gaikwad– Ld. Sr. DR
Section 133(6)Section 143(3)Section 68