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2003 (10) TMI 260 - AT - Income Tax

Issues:
Appeal against deletion of addition on account of unexplained cash credits.

Analysis:
The appeal was filed by the Revenue against the deletion of an addition of Rs. 2,25,000 made on the grounds of unexplained cash credits in the name of an individual. The Assessing Officer (AO) treated the cash credits as unproved income from undisclosed sources, alleging involvement in hawala transactions to convert unaccounted money into white money. The AO believed that the credits were surrendered under pressure. However, the CIT(A) deleted the addition, citing an earlier order in a related case where the cash credits were accepted as genuine.

The counsel for the assessee presented evidence including cheques, account statements, bank records, and confirmations to support the legitimacy of the cash credits. The Tribunal's decision in a similar case emphasized the importance of documentary evidence in proving the genuineness of transactions. The Tribunal rejected the Revenue's argument that the lender was not produced for examination, stating that the cash credits were adequately proved through documents. The Tribunal also noted that the Revenue failed to provide evidence to refute the genuineness of the transactions.

Upon review of the documents and considering the discrepancy in the amount of cash credits, the Tribunal directed the AO to verify whether the total cash credits amounted to Rs. 1,25,000 or Rs. 2,25,000. If the total was Rs. 1,25,000, no further action was required. However, if the total was Rs. 2,25,000, an addition of Rs. 1 lac was to be made in accordance with the law. The Tribunal dismissed the appeal of the Revenue for statistical purposes, pending the verification of the cash credit amount.

 

 

 

 

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