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TMI Blog2014 (4) TMI 746X X X X Extracts X X X X X X X X Extracts X X X X ..... ischarge his primary onus to prove the identity, genuineness and creditworthiness of the loan creditors – thus, there was no infirmity in the order of the AO for levy of penalty for addition of such loan creditors – Decided against Assessee. Disallowance of charity and donation – Held that:- Neither actual payment nor genuineness of the charity and donation was in dispute, mere failure of asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the assessment year 2007-08, in the matter of imposition of penalty under Section 271(1)(c) of the I.T. Act. Heard on condonation of delay 2. This appeal is barred by three days. Learned AR has filed an affidavit of Shri Ajay S Singhal, Director of M/s Plaza Casting Pvt. Ltd.(now known as JMD Casting Pvt. Ltd.), wherein it has been submitted that due to his illness, he could not file the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovided PAN Number and address of the loan creditors to the AO. However, due to non-cooperation of the creditors their confirmation could not be filed. As per learned AR since the assessee has filed the PAN Number and the address of the loan creditors and it was incumbent on the AO to satisfy himself about the genuineness by sending summons and calling the parties. The assessee has neither conceale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidered rival contentions, gone through the orders of the authorities below and found from the record that assessee has given loan to three persons as mentioned by AO at page 1 of his order. Even though assessee has filed the PAN Number, but the confirmation of the respective creditors could not be filed. By not filing the loan confirmation, the assessee was unable to discharge his primary onus to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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