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2013 (4) TMI 913

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..... onsideration: Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in deleting the addition u/s. 68 made on account of unexplained cash credit of ₹ 44,45,000/- by holding that by furnishing required documents, assessee has discharged the initial burden cast upon him u/s. 68 of the Act? 2. Issue pertains to addition made by the Assessing Officer un .....

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..... y the deal was cancelled and the money returned. The assessee had furnished the copy of the sales agreement, copy of the cancellation agreement, copy of PAN number of the intending purchaser, copy of the acknowledgement of return of income of the intending purchaser. In case of deposit from Riddhi Siddhi Pvt. Ltd., the assessee had submitted the copies of banakhat, copy of confirmation from the pa .....

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..... f money and had further shown those amount of money had been lent to the assessee. If before verifying such facts from the A.O. of the lenders of the assessee, the A.O. decides to examine the lenders and asks the assessee to further have the genuineness and creditworthiness of the transaction, the A.O. does not follow the principle laid down u/s. 68. 11. In view of the aforesaid facts and resp .....

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..... of income of the proposed purchaser. In case of such deposits the assessee had produced a copy of confirmation from the party, copy of the acknowledgement of the return of income and also PAN number of said entity. Such facts were not controverted by the revenue nor contended that the documents produced by the assessee were not genuine. 4. In that view of the matter, in our opinion, the Tribun .....

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