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TMI Blog2019 (6) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... below were justified in disallowing the labour expenses. This Ground of appeal of assessee is dismissed. Addition u/s 68 - unexplained cash credit - HELD THAT:- It is clear that assessee failed to prove identity of the creditor, his creditworthiness and genuineness of the transaction in the matter before the authorities below because the assessee did not produce any documentary evidences to prove all the three conditions of Section 68. Though the assessee filed affidavit, confirmation and bank statement of the creditor before the Tribunal, but, no steps have been taken by the assessee to make prayer for admission of the additional evidences. No reasons have been given as to why the same were not filed before the authorities below. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the addition of ₹ 2 lacs. 3. Both the additions were challenged before the Learned CIT(A). The Learned CIT(A) noted that assessee has failed to produce any documentary evidences to substantiate the claim of labour charges. It was noted that it is well settled Law that onus is on the party to adduce cogent evidence in respect of the claim. Therefore, addition of ₹ 1 lakh was confirmed. Further, as regards additions of ₹ 2 lakhs, it was noted that assessee has merely furnished confirmation of the ledger account in respect of Shri S.N. Gupta. No other evidence has been produced by assessee to prove the genuine credit in the matter. No evidence was also filed at the appellate stage. Even no confirmation was fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entative, therefore, submitted that same may not be admitted for deciding the appeal. 8. Considering the submissions of both the parties, in the light of Orders of the authorities below, it is clear that assessee failed to prove identity of the creditor, his creditworthiness and genuineness of the transaction in the matter before the authorities below because the assessee did not produce any documentary evidences to prove all the three conditions of Section 68 of the Income Tax Act, 1961. Though the assessee filed affidavit, confirmation and bank statement of the creditor before the Tribunal, but, no steps have been taken by the assessee to make prayer for admission of the additional evidences. No reasons h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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