Sponsored
    Follow Us:

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 6879 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 213 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 159 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 291 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 132 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


ITAT refers back matter of ₹ 3.2 Crore addition for Share premium to AO

October 5, 2020 648 Views 0 comment Print

Fabline Engineers Pvt. Ltd. Vs ITO (ITAT Kolkata) This appeal preferred by the assessee is directed against the order of the Ld. CIT (Appeals) – 7, Kolkata dated 28-02-2018 passed ex parte, whereby he dismissed the appeal of the assessee for non-prosecution. 2. The assessee in the present case is a company, which is engaged […]

Undisclosed Business Income not taxable under Section 115BBE r.w. Section 68 & 69

September 28, 2020 8463 Views 0 comment Print

Shri Bhuwan Goyal Vs DCIT (ITAT Chandigarh) Landmark Chandigarh ITAT order on Section 115BBE on  investment made out of undisclosed business income held not to fall in Section 69 & 115BBE (AY 17-18). In the present case it is not in dispute that the assessee surrenderd the income of Rs. 3.64 Crores in the statement […]

Purchase credited in books cannot be added under section 68

September 26, 2020 2226 Views 1 comment Print

Sanjay Sharma Vs. ACIT (ITAT Delhi) Assessing Officer has accepted not only he sales figures but has also accepted that total purchases. Under accounting principles, a liability can only be brought into account by a credit entry in the books of account in favour of the person to whom the money is payable’ Thus, there […]

HC upheld Tribunal decision of estimating Profit @2% of Total Credits

September 18, 2020 2196 Views 0 comment Print

PCIT Vs Shitalben Saurabh Vora (Gujarat High Court) The issue in the present case relates whether the amount deposited by the assessee in the form of cash/cheques represents the income of the assessee. Admittedly, there was huge deposit of cash/cheques in the bank account of the assessee. But on perusal of the bank statement, it […]

section 68 not apply to allotment of shares for non-cash consideration

September 16, 2020 5145 Views 0 comment Print

ITO Vs Trilokpati Exim Pvt. Ltd. (ITAT Kolkata) When assessee had allotted shares for consideration other than cash then provisions of section 68 (cash credit) does not apply FULL TEXT OF THE ITAT JUDGEMENT The captioned appeal filed by the Revenue, pertaining to assessment year 2012-13, is directed against the order passed by the Commissioner […]

Income already disclosed under PMGKY, 2016 cannot be treated as Unexplained Income u/s 68

September 15, 2020 1071 Views 0 comment Print

The issue under consideration is whether the CIT(A) was right in deleting the addition made by the AO on account of unexplained investment in purchase of gold?

AO cannot treat Share Premium as Bogus without proper investigation

September 14, 2020 1974 Views 0 comment Print

ITO Vs. Aravali Prime Consultants Pvt. Ltd. (ITAT Jaipur) In this case, it is noted that the AO during the course of assessment proceeding made the addition of Rs. 2,63,15,000/- (138500 shares x Rs. 190 per share) on account of share premium received on issue of shares by the assessee company. Thus the AO observed […]

No section 68 addition if Assessee Proves Identity, Creditworthiness & Genuineness

September 5, 2020 9882 Views 1 comment Print

The issue under consideration is whether the addition made by the AO under section 68 by considering the the amount received as unexplained share capital and premium is justified?

ITAT deletes addition for share premium as Assessee establishes identity, genuineness & creditworthiness of investor

August 28, 2020 882 Views 0 comment Print

ITO Vs M/s Heckyl Technologies Pvt.Ltd. (ITAT Mumbai) Firstly, the AO has clearly mentioned at paragraph no. 5 on page no’s, 6 and 7 of his order that he had made two references to the tax authorities in Mauritius and the UK. These references had been made under section 90 of the Act and had […]

Taxation of Share Premium

August 7, 2020 39039 Views 2 comments Print

Taxation of share premium is a relatively new but litigated area of taxation. This article examines the two alternative approaches the AO should adopt while examining the issue where share premium received is in excess of its fair market value, i.e. the route of Section 68 or Section 56 (2)(viib).

Sponsored
Sponsored
Search Post by Date
March 2025
M T W T F S S
 12
3456789
10111213141516
17181920212223
24252627282930
31