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of <h1>Tribunal Confirms Deletion of Unexplained Cash Credits; AO's Appeal Dismissed Due to Credible Evidence on Creditors.</h1> <h3>INCOME TAX OFFICER. Versus MS ADVANCE (P) LTD.</h3> INCOME TAX OFFICER. Versus MS ADVANCE (P) LTD. - TTJ 093, 778, Issues Involved:1. Deletion of addition of Rs. 2,79,218 on account of unexplained cash credits u/s 68.2. Deletion of addition of Rs. 81,610 in the name of Shri Jangir Singh.3. Deletion of addition of Rs. 88,590 in the names of Shri Baldev Singh and Shri Balkar Singh.4. Deletion of addition of Rs. 53,410 in the name of Shri Rajinder Singh.5. Deletion of addition of Rs. 55,608 in the name of Smt. Amritpal Kaur.Summary of Judgment:1. Deletion of addition of Rs. 2,79,218 on account of unexplained cash credits u/s 68:The Revenue's appeal challenges the deletion of Rs. 2,79,218 made by the AO u/s 68. The learned CIT(A) deleted the addition, and the Tribunal upheld this decision, dismissing the Revenue's appeal.2. Deletion of addition of Rs. 81,610 in the name of Shri Jangir Singh:The AO added Rs. 81,610 as unexplained cash credits in the name of Shri Jangir Singh. The assessee provided evidence including an affidavit, a sale deed of agricultural land, and bank statements. The CIT(A) found that the creditor had proven the identity, source, and transaction, and deleted the addition. The Tribunal upheld this deletion, noting that the AO failed to disprove the creditor's explanation.3. Deletion of addition of Rs. 88,590 in the names of Shri Baldev Singh and Shri Balkar Singh:The AO added Rs. 88,590 as unexplained cash credits in the names of Shri Baldev Singh and Shri Balkar Singh. The assessee provided affidavits, sale deeds, and bank statements. The CIT(A) accepted the explanation and deleted the addition, finding that the creditors had proven their identity, source, and transaction. The Tribunal upheld this deletion, noting the AO's failure to disprove the creditors' explanations.4. Deletion of addition of Rs. 53,410 in the name of Shri Rajinder Singh:The AO added Rs. 53,410 as unexplained cash credits in the name of Shri Rajinder Singh. The assessee provided affidavits, land ownership documents, and bank statements. The CIT(A) accepted the explanation and deleted the addition, finding that the creditor had proven his identity, source, and transaction. The Tribunal upheld this deletion, noting the AO's incorrect factual findings and failure to disprove the creditor's explanation.5. Deletion of addition of Rs. 55,608 in the name of Smt. Amritpal Kaur:The AO added Rs. 55,608 as unexplained cash credits in the name of Smt. Amritpal Kaur. The assessee provided affidavits, gift deeds, and land ownership documents. The CIT(A) accepted the explanation and deleted the addition, finding that the creditor had proven her identity, source, and transaction. The Tribunal upheld this deletion, noting the AO's failure to disprove the creditor's explanation.Conclusion:The Tribunal, after considering the material on record and the arguments from both sides, found that the CIT(A) had rightly appreciated the facts and circumstances of the case. The assessee had provided sufficient evidence to prove the identity, capacity, and source of the creditors. The Tribunal upheld the CIT(A)'s order and dismissed the Revenue's appeal.
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