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TMI Blog2019 (5) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... AN and confirmation of the creditors. The assessee has discharged its onus by providing all relevant details and documents and confirmation from the respective persons. In this situation, I find that the onus cast upon the assessee has been discharged by giving a cogent and reliable details such as names, addresses, PAN nos and confirmation from the creditors. Therefore, if the department did not agree with the explanation, then the onus was on the department to verify the facts. In the instant case, such onus which shifted on the department has not been discharged. I also find that keeping aside all the information and details furnished by the assessee, the Assessing Officer proceeded to make the addition, which was confirmed by the CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this appeal is that the CIT(A) erred in confirming the addition of ₹ 7,34,000/- made by the Assessing Officer. 5. I have heard the rival submissions, carefully gone through the relevant materials placed on record of the Tribunal. 6. Ld A.R. of the assessee submitted that on being asked by the Assessing Officer, the assessee submitted entire details pertaining to the persons who have given hand loan in cash to the assessee. Ld A.R. further submitted that the assessee received loans in cash from the relatives and friends, which were deposited in the bank account and further invested. Ld A.R. vehemently pointed out that before the Assessing Officer as well as before the CIT(A), the assessee submitted names, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ames and address pertaining to all creditors who provided cash loans to the assessee. Ld A.R. submitted that the assessee has submitted all the possible and relevant documentary evidence before the lower authorities establishing the identity, existence and creditworthiness as well as capacity of the creditors. Therefore, no addition is called for in this regard. 7. Ld A.R,. further submitted that the Adhar Card cannot be held as most necessary and important document to prove the identity, existence and genuineness of the persons ignoring the fact the documents in respect of names, address and PAN Nos. of the lenders. Ld A.R. submitted that the addition made by the AO and confirmed by the CIT(A) may kindly be deleted. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellate order especially para 3.7, I observe that the CIT(A) also did not make any verification and proceeded to confirm the addition for want of Adhar Card and for want of confirmation of creditors regarding repayment whereas the assessee did file confirmation of loan creditors before the Assessing Officer which were dismissed on hyper technical ground that the date of providing loan has not been mentioned therein. 10. In view of foregoing discussion, I am of the considered view that the authorities below did not verify or examine the identity, creditworthiness or genuineness of the transaction despite the fact that the assessee submitted a detailed list containing names, address and PAN of the creditors except one Shri Din ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... creditors. Therefore, the findings arrived at by the Assessing Officer as well as the CIT(A) are not correct and justified and same are perverse and, therefore, same are dismissed. I am satisfied that the assessee has submitted all relevant details and documentary evidences pertaining to all loan creditors alongwith the supporting confirmations and these vital evidences cannot be ignored without making any verification or examination. Finally, I hold that since the assessee has established the identity, creditworthiness and genuineness of the transaction, therefore, no further addition is called for in this regard. Therefore, the addition made by the authorities below has no legs to stand on the relevant provisions. I, there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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