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Complete enacted structure index · 536 sections · 23 chapters · 16 schedules
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Original Gazette enactment assented to on 21 August 2025 and commencing on 1 April 2026.
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Chapter IV · COMPUTATION OF TOTAL INCOME
Section 68 permits a credit to be charged to tax when no explanation of its nature and source is offered, or the Assessing Officer finds the explanation unsatisfactory.
Where any sum is found credited in the books of an assessee maintained for any previous year
Matched section 68 and curated term section.
For a loan or borrowing, section 68's proviso addresses an explanation by the person in whose name the credit is recorded and the Assessing Officer's satisfaction.
where the sum so credited consists of loan or borrowing or any such amount, by whatever name called
Matched section 68.
Search curated Supreme Court, High Court and ITAT authorities for unexplained credits, evidence and reassessment procedure. Read only excerpts with a verified source and pinpoint. Records with metadata only never substitute generated text for the judgment.
13 of 13 judicial authorities shown.
Civil Appeal No. 2463 of 2019 · 5 Mar 2019
Primary evidentiary onus for identity, investor creditworthiness and genuineness where share capital or premium is examined under section 68.
the initial onus is on the Assessee to establish by cogent evidence the genuineness of the transaction, and credit-worthiness of the investors
Official judgment PDF p. 15, para 8.2
Civil Appeal Nos. 1379–1380 (NT) of 1974 · 19 Mar 1986
Treatment of cash-credit evidence, creditor particulars and the limits of interference with a Tribunal finding based on some evidence.
cash credits which are not satisfactorily explained might be assessed as income
Repository judgment, reported pp. 984G–985C
Civil Appeal No. 2540 of 2007 · 15 May 2007
Objective formation of the assessing officer's opinion on an explanation concerning credits recorded in the assessee's books.
Application of mind is the sine qua non for forming the opinion.
Repository judgment, section 68 discussion following the reproduced provision
1995 Supp (2) SCC 453 · 28 Mar 1995
Evaluation of an explanation for credited receipts against surrounding circumstances and human probabilities.
The matter has to be considered in the light of human probabilities.
Repository judgment, para 13
Civil Appeal No. 7731 of 2002 · 25 Nov 2002
Procedure after receipt of a section 148 notice, including reasons, objections and their disposal before reassessment proceeds.
the assessing officer is bound to dispose of the same by passing a speaking order
Repository judgment, final procedural direction
Civil Appeal No. 2830 of 2007 · 23 May 2007
Scope of reassessment where the original return was processed by intimation under section 143(1), rather than assessed under section 143(3).
Civil Appeal No. 2526 of 1972 · 30 Mar 1976
Required nexus between material available to the assessing officer and the belief that income escaped assessment.
Rational connection postulates that there must be a direct nexus or live link between the material
Repository judgment, reported p. 965B–D
Civil Appeal No. 1311 of 1967 · 21 Jan 1971
Recorded reasons and application of mind by the sanctioning authority before a section 148 notice is issued.
2022 INSC 510 · 4 May 2022
Treatment of reassessment notices issued under the former regime after 1 April 2021 and directions for the section 148A process.
shall be deemed to have been issued under section 148A
Official judgment PDF p. 27, direction (i)
2024 INSC 754 · 3 Oct 2024
Interplay of the reassessment regime, statutory time limits and the effect of non-compliance with jurisdictional preconditions.
A notice issued without complying with the preconditions is invalid as it affects the jurisdiction of the assessing officer.
Official judgment PDF p. 110, para 113
ITA No. 428/Del/2024 · 11 Sept 2024
Whether disclosed cash sales, without more, support an addition under section 68 on the facts recorded by the Tribunal.
merely because the assessee has disclosed sales in cash this year would not be sufficient to tax such amount u/s 68
Official order PDF p. 22, para 5
2012:DHC:1057-DB · 15 Feb 2012
Evidence evaluation for share-application credits where the record included investigation material concerning accommodation entries.
The evidence adduced by the assessee has to be examined not superficially but in depth
Official judgment PDF p. 15, para 18
2011:DHC:567-DB · 31 Jan 2011
Nature and source evidence for share-application money, including the inquiry into identity, creditworthiness and transaction genuineness.
burden of proof is on the assessee to provide nature and source of those receipts
Official judgment PDF p. 4, para 5