Addition u/s 68 of the Income Tax Act. The assessee, who did not ...

ITAT Delhi held that as the assessee lacked books of accounts, Sec 68 doesn't apply. Assessee proved lender's creditworthiness, identity, and transaction genuineness.

Case Laws     Income Tax

May 23, 2024

Addition u/s 68 of the Income Tax Act. The assessee, who did not maintain books of accounts, received interest-free loans from Shri Anil Kumar Singh through normal banking transactions. The ITAT held that since the assessee did not maintain books of accounts, section 68 was not applicable. The assessee successfully proved the identity, creditworthiness of the lender, and the genuineness of the transaction by providing documents such as balance sheets and tax audit reports of the lender. The lender's tax audit balance sheets confirmed the loan amount, and the source of the source for the unsecured loan was not required to be proved. The lender's cash deposits were from available cash balances, and there were no adverse comments by the Tax Auditor. The loan to the assessee was reflected in the lender's audited balance sheet, establishing the genuineness of the transaction and the creditworthiness of the lender.

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