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Section 68

Latest Articles


Recent Judgements of Supreme Court on Income Tax Issues

Income Tax : Explore recent Supreme Court rulings (2023) on income tax issues. Highlights of key cases, analysis, and implications....

January 22, 2024 8394 Views 1 comment Print

Know in detail Section 68, 69, 69A, 69B, 69C & 69D of Income Tax Act, 1961

Income Tax : Explore sections 68 to 69D of Income Tax Act 1961, covering unexplained cash credits, investments, and more. Learn about legal pro...

October 27, 2023 2700 Views 0 comment Print

Section 68 of Income Tax Act: A Comprehensive Guide to Cash Credits

Income Tax : Explore Section 68 of the Income Tax Act with our comprehensive guide on cash credits. Learn about its purpose, scope, and legal f...

October 26, 2023 2532 Views 0 comment Print

Presumptive Taxation Scheme for Business Section 44AD of Income Tax Act

Income Tax : Discover simplified taxation scheme under Section 44AD of Income Tax Act. Learn eligibility criteria, exemptions, and key insights...

September 18, 2023 26190 Views 12 comments Print

Understanding Section 68 of Income Tax Act: Unexplained Cash Credit Explained

Income Tax : Unlock the intricacies of Section 68 of the Income Tax Act, unraveling the nuances of unexplained cash credits. Delve into its ame...

September 7, 2023 6090 Views 1 comment Print


Latest Judiciary


No Addition if Accounts Supported by Affidavit Remain Uncontroverted: ITAT Jodhpur

Income Tax : Dhanpat Raj Khatri Vs ITO (ITAT Jodhpur) If the explanation based on accounts supported by affidavit is not controverted, no addit...

July 17, 2024 126 Views 0 comment Print

Reopening Without New Material & on Mere Change of Opinion invalid

Income Tax : Gujarat High Court quashes Income Tax reassessment notice against Deepak Natvarlal Pankhiyani HUF, citing lack of fresh evidence s...

July 17, 2024 138 Views 0 comment Print

Identity of Parties & Genuineness of Land Transaction Established: ITAT Deletes Addition

Income Tax : Explore the full text of the ITAT Ahmedabad order where Neo Structo Construction Pvt. Ltd. successfully challenges a ₹3 Cr addit...

July 16, 2024 174 Views 0 comment Print

No issuance of reopening notice on mere suspicion of Bogus Unsecured Loan: ITAT Kolkata

Income Tax : Read the full text of the ITAT Kolkata order in Keshav Shroff Vs ITO (AY 2016-17). Analysis shows why mere suspicion isn't enough ...

July 16, 2024 273 Views 0 comment Print

Old Loans Converted into Share Allotment Not Unexplained Money: ITAT Kolkata

Income Tax : Read ITAT Kolkata's full text order on Sachdev Steel Pvt. Ltd. Vs ITO. Learn why old loans converted into share allotment were dee...

July 15, 2024 324 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 28701 Views 3 comments Print


No Addition U/s. 68 if Assessee able to Prove identity of creditor, its creditworthiness & genuineness of transaction

May 31, 2018 5166 Views 0 comment Print

ITO Vs M/s. Necleus Steel Private Limited (ITAT Delhi) In this case, assessee received an amount of Rs.67.50 crores from M/s. Unitech Ltd., as advance against the sale of the property. The assessee filed confirmation from M/s. Unitech Ltd., along with its bank statement and acknowledgment of filing of the ITR with balance sheet. The […]

Transactions, cannot be doubted merely because companies have meager income or for mere non-production of director

May 31, 2018 975 Views 0 comment Print

Zion Promoters & Developers (P) Ltd. Vs Addl. CIT (ITAT Delhi) The investment in the share of the assessee company by the above five companies whose directors appeared before the Assessing Officer and whose statements were recorded and full details were filed substantiating the identity and creditworthiness of the investor companies and the genuineness of […]

Addition U/s. 69A can only be made when assessee found to be in possession of money bullion jewellery, etc., not recorded in his books of account

May 31, 2018 23853 Views 0 comment Print

DCIT Vs M/s. Karthik Construction Co. (ITAT Mumbai) As could be seen, the Assessing Officer raised suspicion on the loan repayment by doubting the genuineness of the unsecured loan availed by the assessee against which such loan repayment was made. However, as per the facts on record, unsecured loans which were repaid by the assessee […]

Addition cannot be made by applying prudent man’s behaviour test

May 28, 2018 1002 Views 0 comment Print

One should not consider and reject an explanation as concocted and contrived by applying prudent man’s behaviour test. Principle of preponderance of probability as a test is to be applied and is sufficient to discharge onus.

Bogus Loan: No need to explain source of source prior to insertion of proviso to Sec. 68

May 27, 2018 3456 Views 0 comment Print

This Appeal under Section 260-A of the Income Tax Act, 1961 (the Act), challenges the order dated 21st January, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 21st January, 2015 is in respect of Assessment Year 2010-11.

No addition for Gift from daughter if Assessee proves identity, genuineness & creditworthiness

May 23, 2018 1503 Views 0 comment Print

Briefly the facts of the case are, assessee who derives income from house property and income from other sources, filed her return of income for the AY 2010-11 on 27/07/2010 declaring an income of Rs. 17,75,810/-. Subsequently, the case was selected for scrutiny under CASS and accordingly notice u/s 143(2) dated 25/08/2011 was issued and served on the assessee on 06/09/2011. In response to the said notice, the assessee furnished the information called for.

Addition cannot be made for mere non-production of Directors and non-furnishing of their residential address

May 20, 2018 1086 Views 0 comment Print

This appeal is filed by assessee against the Order dated 04.5.2016 passed by the Ld. CIT(A)-12, New Delhi relating to Assessment Year 2004-05 on the following grounds:-

Section 68: Provisions related to Cash Credits /Undisclosed Income

May 18, 2018 36105 Views 1 comment Print

Section 68 incorporates only a rule of evidence, placing the onus of proof on the assessee. There have been hardly any amendments in this section since its introduction.

Cash deposit cannot be assessed U/s. 68 when cheque deposits were accepted as business turnover

May 18, 2018 2730 Views 0 comment Print

This is an appeal by Revenue against the order of the Commissioner of Income Tax (Appeals)-Tirupati, dated 31-03-2017, treating the deposits made in the bank account as business turnover, whereas AO was of the opinion that these are unexplained income U/s. 68 of the Act.

Addition for Bogus share capital not sustainable without proving that shareholders did not have credit worthiness

May 18, 2018 714 Views 0 comment Print

ACIT Vs Gowthami Chemicals & Pesticides (P) Ltd. (ITAT Visakhapatnam) In this case, the assessee has furnished the confirmation letters explaining the identity of the shareholder, address and sources of income of the contributor to the share capital along with the evidence for land holdings and copies of IT returns in 4 cases before the […]

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