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2012 (12) TMI 1135 - AT - Income Tax

Issues involved: Addition of cash credits u/s. 68 of the IT Act for assessment year 2007-08.

Facts: The appellant, engaged in money lending and jewellery business, received cash credits from 20 individuals without proper proof of identity, creditworthiness, or genuineness of transactions. Despite explanations, confirmatory letters, and account copies, the authorities found the appellant failed to substantiate the legitimacy of the credits.

Appellant's Arguments: The appellant contended that the cash credits were advances for purchasing silver ornaments, supported by confirmatory letters and cash transactions. The appellant cited various legal precedents and requested another opportunity to prove the case before the AO.

Decision: The Tribunal upheld the lower authorities' decision, emphasizing the appellant's failure to establish the identity, creditworthiness, and genuineness of the creditors. Citing legal judgments, the Tribunal highlighted the onus on the appellant to provide concrete evidence, which was lacking. The Tribunal rejected the appellant's arguments regarding acceptance of books of account and the need for summoning creditors. Ultimately, the Tribunal concluded that the appellant's case lacked evidence and upheld the dismissal of the appeal.

Conclusion: The Tribunal dismissed the appeal, affirming the addition of cash credits u/s. 68 of the IT Act due to the appellant's inability to prove the legitimacy of the transactions. The Tribunal emphasized the importance of providing substantial evidence to support claims in such cases.

 

 

 

 

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