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of <h1>Tribunal rules in favor of assessee, overturns additions under section 68</h1> <h3>Capital Infra Projects Pvt Ltd Versus The Dy. C.I.T Central Circle New Delhi</h3> Capital Infra Projects Pvt Ltd Versus The Dy. C.I.T Central Circle New Delhi - TMI Issues:- Disputed loan from M/s Pabla Leasing and Finance Pvt. Ltd treated as unexplained cash credit under section 68 of the Act.- Assessment based on search and seizure operation under section 132 of the Act.- Failure to prove the capacity of the creditor and credit worthiness of the transaction.- Comparison with a similar case involving Pabla Leasing and Finance Pvt. Ltd.- Repayment of the loan before the date of search.- Statement of the Managing Director of Pabla Leasing and Finance Pvt. Ltd under section 131 of the Act.Analysis:1. The appeals were filed against the order of the CIT(A) regarding the loan received from M/s Pabla Leasing and Finance Pvt. Ltd, treated as unexplained cash credit under section 68 of the Act for A.Ys 2013-14 and 2014-15.2. A search and seizure operation under section 132 of the Act was conducted on the premises of the assessee, revealing the business activities of the group involved in the sale of flats in specific areas.3. The Assessing Officer, based on an enquiry report, concluded that Pabla Leasing and Finance Pvt. Ltd provided accommodation entries to the group of companies, leading to the addition under section 68 of the Act.4. The Tribunal's decision in a similar case involving Pabla Leasing and Finance Pvt. Ltd highlighted the importance of proving identity, genuineness, and credit worthiness, which was accepted in that case.5. The loan in question was repaid before the search date, indicating a legitimate transaction timeline.6. The statement of the Managing Director of Pabla Leasing and Finance Pvt. Ltd confirmed the loan transactions with specific details on the source of funds and repayment, supporting the legitimacy of the transactions.7. The Tribunal, considering the evidence and the previous decision, concluded that the assessee had successfully proven the legitimacy of the transactions, leading to the deletion of the additions under section 68 of the Act in favor of the assessee.
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