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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 1056 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 1575 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 6876 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 1785 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 2364 Views 0 comment Print


Latest Judiciary


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 192 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 156 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 282 Views 0 comment Print

Addition of recorded cash sales by treating it as unexplained cash deposits not justified

Income Tax : ITAT Jaipur held that addition of the amount already recorded as cash sales cannot be treated as unexplained cash deposits under s...

March 7, 2025 129 Views 0 comment Print

Share Application Money Cannot Be Deemed Unexplained Income Without Substantive Evidence

Income Tax : ITAT Ahmedabad held that addition, treating share application money as unexplained income, based on surmises and conjectures witho...

March 7, 2025 75 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


Memory Loss is not valid explanation for not explaining Cash Deposit Source

March 2, 2021 2553 Views 0 comment Print

Smt. Anasuya Basi Reddy Vs ITO (ITAT Bangalore) The Assessing Officer in the impugned assessment order had made addition of Rs.50,000 as unexplained cash credits in the bank account of the assessee. The said amount has been deposited in Karnataka Bank saving bank account on 07.04.2007 (cash deposit). Before the Assessing Officer, the assessee had […]

No Section 68 addition merely for Common Address & Directors

March 2, 2021 2052 Views 0 comment Print

The A.O. entirely on different reasons that there is a common Director in 03 companies and common address disbelieved the explanation of assessee. It may not be relevant criteria to decide the issue under section 68 of the I.T. Act, 1961.

AO cannot treat LTCG as Bogus merely on SEBI investigation report

March 1, 2021 3024 Views 0 comment Print

Kiran Kumar Vs ACIT (ITAT Chennai) The AO disallowed the exemption claimed u/s.10(38) solely based on the investigation report by SEBI pertaining to certain cases based from Kolkatta wherein share prices rigged substantially over a period of time. Merely on suspicion and surmises, this disallowance was made without any corroborative evidence. The AO failed to […]

Unexplained Share Application Money- ITAT deletes addition as no sum of money/cash was involved

February 25, 2021 2292 Views 0 comment Print

ITO Vs Shri Ganesh Cement Pvt. Ltd. (ITAT Kolkata) In this case assessee company has shown receipt of fresh subscription to its share capital of Rs. 50.30 crores during the relevant assessment year (AY 2012-13). According to AO for the purpose of proper verification and examination into the existence, and creditworthiness of the share subscribers […]

Addition justified for unexplained deposit into bank account

February 22, 2021 2514 Views 0 comment Print

Karan Sharma Vs ITO (ITAT Bangalore) The assessee has explained that Rs.92,54,462 is out of previous withdrawals and sale of garments and pleaded that it is to be excluded from the taxation. The assessee has not furnished any evidence to establish the nexus between the earlier withdrawals and deposits into various bank accounts. In such […]

Amount advanced in earlier year and received back in current year cannot be treated as unexplained cash credit

February 22, 2021 2556 Views 0 comment Print

JCIT Vs Radhe Developers (India) Ltd. (ITAT Ahmedabad) In the case on hand, the assessee has received a sum of Rs. 3.59 crore from Shri Kanjibhai Desai which was treated as unexplained cash credit under section 68 of the Act by the AO. However, the learned CIT (A) was pleased to delete the addition made […]

Section 68 addition cannot be made for duly explained credits

February 20, 2021 8937 Views 0 comment Print

ITO Vs Sh. Sunil Nayyar (ITAT Delhi) In the instant case, the AO has not pointed out any accounting defects in the books of accounts. Rather he is summarily ignored the books of accounts but has proceeded to invoke section 145(3) which is bad in law.” 14. The ld. CIT (A) held that there is […]

AO cannot Simultaneously Reject & Rely Audited Books & Make Additions

February 17, 2021 4152 Views 0 comment Print

Nilkantha Saha Vs ITO (ITAT Kolkata) AO Cannot Simultaneously Reject and Rely Audited Books And Make Additions Under Section 68 For Cash Deposit During Demonetisation Period Out Of Cash Sales From a perusal of the cash deposits/ banking transactions, the Ld. A.R drew our attention to the fact that as per the audited books, especially […]

No addition for Duly explained cash deposit for mere non appearance of creditor

February 15, 2021 1623 Views 0 comment Print

Vishnu Prasad Vs DCIT (ITAT Jaipur) In the case of the assessee, (i) the identity of Shri Hanuman remains undisputed, as the summons issued by the AO was duly served upon him, (ii) genuineness of the transaction is also proved (from books of accounts) beyond doubt, as amount paid as advance to him, duly appeared […]

Section 68 addition unjustified when Assessee submit confirmation & bank statement of Creditor

February 13, 2021 1485 Views 0 comment Print

Aarya Organic Foods & Ayurvedic Industries Pvt. Ltd. Vs ITO (ITAT Delhi)  As far as addition of Rs.5 lakh of amount received from Sh. Jasbir Singh is concerned, we find that CIT(A) has given a finding that his confirmation, bank statement evidencing bank transfer is on record but since he had not given source of […]

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