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Section 68

Latest Articles


Healthy Discussion on Sections 68 & 44AD by CA Micky and CA Mini

Income Tax : Explore the discussion between CA Micky and CA Mini on Sections 68 & 44AD of the Income Tax Act. Learn about unexplained cash cred...

August 1, 2024 2427 Views 0 comment Print

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 10020 Views 2 comments 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 2835 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 2643 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 27600 Views 12 comments Print


Latest Judiciary


Addition u/s. 68 justified as genuineness of transaction and creditworthiness of creditors not proved: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that genuineness of transaction, creditworthiness and identity of creditors not proved, hence addition u/s. 68...

August 17, 2024 102 Views 0 comment Print

CIT needs to independently apply his mind prior to invoking revisionary provisions u/s. 263: ITAT Kolkata

Income Tax : ITAT Kolkata held that CIT has not applied his mind analytically while assuming jurisdiction for taking cognizance under section 2...

August 16, 2024 117 Views 0 comment Print

Addition u/s. 68 restored on failure to discharge onus via evidence or material: ITAT Pune

Income Tax : ITAT Pune restored the assessment order as assessee neither filed any evidence nor provided material in an attempt to discharge th...

August 16, 2024 156 Views 0 comment Print

Addition u/s. 68 restored due to deliberate withholding of information from NFAC: ITAT Pune

Income Tax : ITAT Pune directed addition u/s. 68 of the Income Tax Act towards unsecured loans as appellate deliberately withhold information f...

August 16, 2024 258 Views 0 comment Print

Assessment Under Section 44AD Instead of 44ADA: HC Upholds Section 263 Revision

Income Tax : Punjab & Haryana HC upholds Principal Commissioner’s revision under Section 263. Assessing Officer’s wrong Section 44ADA asses...

August 16, 2024 360 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 28824 Views 3 comments Print


Addition u/s 68 cannot be made solely on the ground of non-production of payer’s bank statement

January 19, 2016 1367 Views 0 comment Print

The ITAT Delhi in the case of Shri Ashutosh Garg vs. ACIT held that when the assessee had produced his copy of bank accounts showing the advancing of loan to non-resident and its repayment collection along with affidavit filed both by non-resident and assessee

Addition u/s 68 not sustainable where whole transaction supported by adequate & reliable evidences

January 9, 2016 4135 Views 0 comment Print

Mumbai ITAT held In the case of ITO vs. Ms. Khalil M. Bharwani that the whole transaction of purchase and sale of shares giving rise to long term capital gain has been duly explained step by step and supported by adequate and reliable evidence.

S. 68 – Mere Common address shared by several companies may not be sole ground to doubt identity or creditworthiness

January 7, 2016 808 Views 0 comment Print

Delhi High Court held In the case of Principle CIT vs. Matchless Glass Services Pvt. Ltd. that the fact that a common address is shared by several companies may not be a sole ground to doubt the identity or the creditworthiness of the companies

Defunct companies at the time of assessment have resurrected back to life after statutory compliances were fulfilled, addition u/s 68 sustained

December 19, 2015 447 Views 0 comment Print

In the case of ACIT Vs. Prem Castings Pvt. Ltd. ITAT, Delhi Bench reversed the order of CIT (A) who deleted addition of Rs. 3,46,00,000/- after relying upon the decision of Hon’ble SC in the case of Lovely Exports (216 CTR 195) in which it was held that once the assessee has produced documents regarding

Addition u/s 68 on account of share application money not justified where validity of transaction beyond doubt

December 7, 2015 1086 Views 0 comment Print

ITAT Mumbai held In the case of ITO vs. M/s. Superline Construction P. Ltd. that the assessee had duly discharged the burden of proof, onus of proof and explained the source of share capital and advances received by established the identity

When revenue failed to show any legal infirmity in order of ITAT, no question of law arises in relation to Sec. 68

December 3, 2015 811 Views 0 comment Print

CIT Vs. Five Vision Promotors Pvt. Ltd. (Delhi High Court)- AO made addition on account of share application money u/s 68 which was confirmed by the CIT. On appeal ITAT held that assessee has proved identity, genuineness & creditworthiness of the investors.

Addition cannot be made for mere failure of Assessee to furnish current address of depositors

November 20, 2015 1097 Views 0 comment Print

Cama Hotels Ltd, Vs DCIT (ITAT AHEMDABAD) When the assessee had furnished the PAN of the concerned depositors, the Assessing Officer ought to have made inquiry from the jurisdictional Assessing Officers to find out the current address of the depositors.

Conclusions based on suspicion cannot take the place of proof : SC

October 31, 2015 2394 Views 0 comment Print

Umacharan Shaw & Bros v. CIT: (1959) 37 ITR 271 (SC)- there was no material on which the Income-tax Officer could come to the conclusion that the firm was not genuine and further observed that the conclusion is the result of suspicion which cannot take the place of proof in these matters.

Gift from abroad cannot be taxed on mere suspicion: HC

October 31, 2015 1463 Views 0 comment Print

In our opinion, the Tribunal had, on merits, come to the conclusion that the gifts were genuine. This is a pure question of fact. The Tribunal has examined the evidence which was available on the record and has arrived at the aforesaid finding.

No addition for Gift from abroad if Donor gives statement before AO regarding his capacity despite non production of any document

October 31, 2015 962 Views 0 comment Print

Delhi High Court held In the case of CIT vs. Sudhir Budhraja that the findings of the Tribunal are based on sufficient material and cannot be stated to be perverse. On the other hand that the AO had no material

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