Unexplained creditor u/s. 68 - onus to prove - The ITAT ruled ...

Assessees need not prove creditor's financial capacity if identity and transaction genuineness are established u/s 68.

March 6, 2024

Case Laws Income Tax AT

Unexplained creditor u/s. 68 - onus to prove - The ITAT ruled that once the identity of the creditor and the genuineness of the transaction are established, proving the creditor's capacity is not mandatory for the assessee. This is supported by the precedent set in "Labh Chand Bohra Vs. ITO" by the Rajasthan High Court, aligning with the doctrine that the onus shifts away from the assessee once the initial proof of transaction is provided.

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Unexplained creditor u/s. 68 - onus to prove - The ITAT ruled ...

Assessees need not prove creditor's financial capacity if identity and transaction genuineness are established u/s 68.

March 6, 2024

Case Laws Income Tax AT

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