U/s 68, the assessee provided relevant details to explain the ...

Taxpayer explains source of unsecured loans, discharge primary onus; Revenue fails to conduct proper inquiry.

Case Laws     Income Tax

October 11, 2024

U/s 68, the assessee provided relevant details to explain the nature and source of unsecured loans, as well as the interest paid thereon, discharging the primary onus. Once the assessee fulfills this onus, the Assessing Officer (AO) must conduct necessary inquiries and record satisfaction before making any addition. The AO should have exercised powers u/s 133(6) or contacted the concerned AOs of the alleged parties, as their PAN and addresses were available. Following the Supreme Court's decision in Orissa Corpn. and the Tribunal's own decision, the assessee successfully explained the loans' nature, source, and creditors' identity and creditworthiness, proving the transactions' genuineness. Therefore, the CIT(A)'s deletion of the addition u/s 68 and interest disallowance was upheld, dismissing the Revenue's appeal.

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