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Issues Involved:
1. Justification of addition u/s 68 of the Income-tax Act, 1961. 2. Onus of proving the genuineness of loans and creditworthiness of creditors. 3. Adequacy of the Assessing Officer's investigation. 4. Alleged violation of principles of natural justice. Summary: Issue 1: Justification of Addition u/s 68 The court examined whether the Income-tax Appellate Tribunal was justified in confirming the addition of Rs. 3,55,000 and disallowance of interest of Rs. 12,964 u/s 68 of the Income-tax Act, 1961. The Tribunal upheld the addition based on the assessee's failure to prove the creditworthiness of the creditors and the genuineness of the transactions. Issue 2: Onus of Proving Genuineness and Creditworthiness The court discussed the onus on the assessee to establish the identity of the creditors, their capacity to advance money, and the genuineness of the transactions. The Tribunal found that the assessee failed to discharge this burden. The court referenced several judgments, including those from the Supreme Court and High Courts, affirming that the burden of proof lies on the assessee. Issue 3: Adequacy of Investigation The court considered whether the Tribunal should have held that the Assessing Officer's investigation was inadequate. The Tribunal concluded that the Assessing Officer had conducted a thorough investigation, including summoning and recording depositions of the creditors. The court found that the Tribunal's findings were based on substantive and acceptable legal evidence. Issue 4: Alleged Violation of Natural Justice The court addressed whether the assessment was violative of the principles of natural justice. It was found that the assessee was given a fair and reasonable opportunity to present evidence and rebut the inferences drawn by the Assessing Officer. The court concluded that there was no violation of natural justice in the assessment proceedings. Conclusion: The court dismissed the petition, holding that no arguable questions of law arose from the Tribunal's findings. The Tribunal's decision was based on a thorough appreciation of evidence, and the assessee had failed to discharge the burden of proving the creditworthiness of the creditors and the genuineness of the transactions.
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