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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 1584 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 29301 Views 3 comments Print


Sales bogus if investee is a penny stock company, with no credentials, and the sale rates artificially hiked, with no real buyers

March 5, 2020 1065 Views 0 comment Print

(a) The scrip is a penny stock, purchased at a low price, which is over a period of time ramped up by operators acting in benami names or name lenders. The purchases are off market purchases, and not reported on the exchange; (b) purchase/s is back dated, i.e., per a back dated contract note, paid for in cash, so that there is no trail; (c) the purchases are in the physical form, and dematerialized only subsequently; generally long after the purchase date, being back dated and, further, close to the date of sale; and (d) The investee is a penny stock company, with no credentials, and the sale rates artificially hiked, with no real buyers, so that inference of the sales being bogus, is unmistakable.

Section 68 addition justified for unexplained LTCG from penny stock

March 5, 2020 3549 Views 0 comment Print

Addition of long-term capital gain against an investor who invested in a penny stock company in connection with the penny stock scam involving Rs. 36,000 Crores was upheld as additions made on account of detailed enquiries being carried out by Kolkata Investigation Directorate with regard to 84 penny stocks company as well as SEBI and no new facts or circumstances had been placed on record by assessee and the orders passed by the revenue authorities had also gone unrebutted.

No section 68 addition for loan transaction with father on mere suspicion

March 5, 2020 1215 Views 0 comment Print

The issue under consideration is that confirming the addition made u/s 68 by A.O. in respect of the loan taken from father of the appellant on mere suspicion.

Entire purchases cannot be disallowed as Bogus If AO accepted sales

March 3, 2020 4020 Views 0 comment Print

It was held that whether the purchases were bogus or whether the parties from whom such purchases were allegedly made were bogus was essentially a question of fact. When the Tribunal had concluded that the assessee did make the purchase, as a natural corollary not the entire amount covered by such purchase but the profit element embedded therein would be subject to tax.

No Section 68 Addition for issue of Shares on Premium in lieu of shares

February 28, 2020 2205 Views 0 comment Print

The sole issue involved in this appeal of assessee is against the action of Ld. CIT(A) in confirming the addition of Rs.5,01,00,000/- made by AO u/s. 68 of the Income-tax Act, 1961 (hereinafter referred to as the Act) on account of bogus share capital including share premium

Tax Treatment of Gifts Received By an Individual or HUF

February 22, 2020 38724 Views 9 comments Print

A very common and frequent question running in the mind of taxpayers is the tax ability of gifts. In this part, an effort has been made to discuss the various provisions relating to taxability of gift received by an individual or a Hindu Undivided Family (HUF) under Income Tax Act. 1. Monetary Gifts: If the […]

CBDT Instruction No. 1916 will not take away the benefit of explained jewellery

February 20, 2020 9666 Views 0 comment Print

The moot point discussed here is very important where in, the allowed quantity as per the Instruction no 1916 is applicable in case where the assessee does not explain the source of the jewellery and the presumptive quantity is allowed. Such quantity is a Blanket Allowance.

Bogus share capital/ premium- SC dismisses Review Petition of NRA Iron & Steel

February 20, 2020 3729 Views 0 comment Print

NRA Iron & Steel Pvt. Ltd Vs PCIT (Supreme Court) In this case earlier Hon’ble SC has upheld addition under Section of Share Capital and Share premium Considering the Same as Bogus as Appellant was  failed to prove the genuineness of the transaction of receiving share application money and to prove the creditworthiness. A petition […]

Section 68 addition cannot be made when source of sources proved

February 20, 2020 4083 Views 0 comment Print

Veritas (India) Ltd. Vs ACIT (ITAT Mumbai) Conclusion: Assessee had established identity of investors and submitted documents to establish creditworthiness and the certificate issued by the Firm of Accountants for proving the movement of funds from ultimate investors to the foreign companies which establish genuineness of transactions thus,  assessee had discharged initial burden placed upon […]

Cash credits can be taxed only in the year of credit

February 14, 2020 1242 Views 0 comment Print

Section 68 – Bogus Cash Credit – The expression ‘any previous year’ to mean as not referring to all the previous years, but, the previous year in relation to the assessment year concerned.

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