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Section 68

Latest Articles


Unexplained Cash Credits & Section 68: Tax & Legal Aspects

Income Tax : Learn about unexplained cash credits under Section 68, tax implications, key legal cases, and compliance requirements to avoid pen...

February 13, 2025 1068 Views 1 comment Print

When Do Section 68 and Section 69 of Income Tax Apply?

Income Tax : Understand the applicability of Section 68 (cash credit) and Section 69 (unexplained investments) under the Income Tax Act with re...

January 29, 2025 1581 Views 0 comment Print

 Section 68 to 69D and 115BBE: Remove these draconian sections from statute

Income Tax : The Sections by which the assessees are suffering too much due to high pitched assessments passed by NFAC are from 68 to 69D and 1...

January 24, 2025 6882 Views 3 comments Print

Chennai ITAT Rulings on Additions for Unexplained Income & Tax Penalties

Income Tax : Recent Chennai ITAT decisions address unexplained income, underreporting, and penalties under Sections 69A, 68, 270A, and 271. Key...

October 16, 2024 1788 Views 0 comment Print

FAQs on Penalty provisions under Income Tax Act, 1961

Income Tax : Learn about penalty provisions under the IT Act, including penalties for defaults in tax payment, income reporting, and more. Key ...

August 24, 2024 2373 Views 0 comment Print


Latest Judiciary


Addition u/s. 68 restricted to 0.30% of total Circular Trading Transaction: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that CIT(A) rightly restricted disallowance on account of unexplained bank deposit and withdrawal under sectio...

March 10, 2025 63 Views 0 comment Print

Extraordinary event of demonetization to be considered while comparing cash sales during that period

Income Tax : Held that the invoices issued by the assessee contained a barcode. A barcode on a tax invoice serves as a verification mechanism, ...

March 10, 2025 42 Views 0 comment Print

ITAT Deletes ₹12 Lakh Addition on Post-Demonetization SBN Deposits

Income Tax : ITAT Bangalore reverses addition of ₹12 lakh under Section 68, accepting sales as the source of cash deposits made during demone...

March 8, 2025 267 Views 0 comment Print

Penalty u/s. 271(1)(c) justified since plausible explanation not provided for suppressed net profit

Income Tax : ITAT Raipur held that penalty under section 271(1)(c) of the Income Tax Act justifiable since no plausible explanation provided fo...

March 7, 2025 162 Views 0 comment Print

Refer to DVO Under Section 50C(2) When Sale Consideration Differs from Circle Rate

Income Tax : ITAT Delhi held that when the sale consideration as per conveyance deed and circle rates are different, matter must be referred to...

March 7, 2025 297 Views 0 comment Print


Latest Notifications


SOP to apply provisions of section 68 of Income tax Act, 1961

Income Tax : Assessing Officers should follow the sequence as noted below for applying provisions of section 68 of the Act: Step 1: Whether the...

January 10, 2018 29298 Views 3 comments Print


Section 68 applies only to unexplained credit entries without proper explanation

September 20, 2019 5424 Views 0 comment Print

ITAT are of the view that u/s. 68 of the Act, it is only the credit entry appearing in the books of account of an assessee for the relevant previous year, that can be treated as unexplained cash credit in the absence of proper explanation by the assessee

Anonymous donations- No section 68 addition if Assessee provides complete list of donors

September 15, 2019 2193 Views 0 comment Print

Shanti Niketan Trust Vs ACIT (ITAT Delhi) In the present appeal, the assessee had not only disclosed its donations, but had also submitted a list of donors. The AO proceeded to treat the same as anonymous donations only for the reason that the notices u/s 133(6) of the Act were returned un-served and the assessee […]

Section 44AD: Mere submission of Balance sheet not proves Maintenance of Books of Accounts

September 13, 2019 19710 Views 0 comment Print

Mr. Pradeep Jain Vs ITO (ITAT Delhi) The assessee has filed the return of income for assessment year under appeal declaring income of Rs.9,63,920/-, out of which, income was declared at Rs.9 lakhs under section 44AD of the I.T. Act, 1961. In subsequent A.Y. 2016-2017 also, assessee declared income under section 44AD of the I.T. […]

Addition u/s 68 was justified in case failure of assessee to prove cash deposits in partnership firm by partners

September 11, 2019 3513 Views 0 comment Print

Since assessee had explained that the two partners had cash deposited out of the cash receipts against advanced sale of land in individual however, assessee could not furnish any details evidence of holding of land, agreement with the purchasers and date/mode of source of receipts either before AO or before CIT(A), therefore, AO was correct in holding these credits as unexplained in the hands of assessee.

No addition for gifts if Assessee proves Identity, capacity & genuineness of donor

September 6, 2019 924 Views 0 comment Print

Gifts are normally made by relatives out of natural love and affection and do not necessarily require any particular occasion. Assessee had discharged his burden by furnishing necessary details before AO. In the absence of anything to show that the transactions were by way of money laundering,

Section 68 not applies to Swapping of shares

August 28, 2019 2829 Views 0 comment Print

This is a simple case of acquiring shares of certain companies from certain shareholders without paying any cash consideration and instead the consideration was settled through issuance of shares to the respective parties. That is, section 68 of I.T. Act, 1961 does not apply to cases of purchase of share assets and allotment of shares by the appellant when purchase and allotment are under a barter

Bogus Share Capital- Onus is on assessee to prove genuineness of transaction

August 19, 2019 855 Views 0 comment Print

M/s. Royal Rich Developers Pvt. Ltd. Vs Pr. CIT (Bombay High Court) The Assessing Officer recorded that there was no reason for high premium of Rs.30 per share being paid by the investors. The assessee company had carried out no business during the entire period, except for collection of share application money. The responding investors […]

Bogus Share Capital | Addition upheld | Creditworthiness of shareholders not proved

August 19, 2019 1902 Views 0 comment Print

M/s. Royal Rich Developers Pvt. Ltd. Vs DCIT (ITAT Mumbai) We are of the considered view that the onus is on the assessee company to bring on record the cogent evidences to prove the identity and creditworthiness of the share subscribers and genuineness of the transaction which in the instant case the assessee is not […]

Profit embedded in purchases covered by bogus bills only can be taxed

August 19, 2019 1083 Views 0 comment Print

Tribunal applied the principle of taxing the profit embedded in such purchases covered by the bogus bills, instead of disallowing the entire expenditure.

Cash advance against property cannot be treated as undisclosed money on mere conjectures & hypothesis

August 12, 2019 1791 Views 0 comment Print

Shri Om Prakash Singh Vs ACIT (ITAT Agra) When we test the explanation of the assessee in the light of evidences available on records and the precedents governing the issue, we find that identity of the Company who has advanced money to the assessee is proved beyond doubt. There can be hardly any dispute regarding […]

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