9911796707
|
Home
Issues:
- Addition of Rs. 1,50,000 under section 68 of IT Act challenged by the assessee. - Validity of the order passed by CIT(A) questioned by the assessee. - Discharge of onus under section 68 by the assessee in proving the genuineness of loans. Analysis: 1. Addition under Section 68 of IT Act: The appeal involved the challenge to the addition of Rs. 1,50,000 under section 68 of the IT Act. The assessee had taken loans from two individuals, supported by account payee cheques and confirmations from the creditors. However, the Assessing Officer (AO) doubted the capacity of the creditors and the source of deposits in their bank accounts. The Tribunal noted that the creditors were income-tax assessees, had confirmed the loans, and provided details of their income and source of funds. The Tribunal held that the onus placed on the assessee under section 68 was discharged by providing creditor confirmations and IT return details. The Revenue failed to provide evidence refuting the genuineness of the loans, leading the Tribunal to delete the addition. 2. Validity of CIT(A) Order: The assessee contended that the order passed by the CIT(A) was bad on facts and in law. Despite the submissions made by the assessee, the CIT(A) upheld the addition of Rs. 1,50,000. The Tribunal, after considering the facts and submissions, found that the assessee had fulfilled the requirements under section 68, and there was no evidence contradicting the genuineness of the loans. Consequently, the Tribunal allowed the assessee's appeal, indicating a disagreement with the CIT(A) decision. 3. Discharge of Onus under Section 68: The crux of the issue revolved around the discharge of onus by the assessee under section 68 of the IT Act. The Tribunal emphasized that when the assessee provides creditor confirmations, IT return details, and the source of funds, the onus is considered discharged. In this case, both creditors were income-tax assessees, confirmed the loans, and explained the source of deposits. The Tribunal highlighted that doubting the capacity of creditors solely based on cash deposits before issuing cheques was insufficient without concrete evidence linking the deposits to the assessee. As the Revenue failed to present such evidence, the Tribunal concluded that the addition could not be sustained, leading to its deletion. In conclusion, the judgment by the Appellate Tribunal ITAT Agra delved into the intricacies of section 68 of the IT Act, emphasizing the importance of discharging the onus placed on the assessee in proving the genuineness of loans. The Tribunal's decision to delete the addition of Rs. 1,50,000 was based on the assessee meeting the evidentiary requirements and the lack of contrary evidence from the Revenue. The analysis provided a comprehensive overview of the legal principles involved and the reasoning behind the Tribunal's decision to allow the assessee's appeal.
|
