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    <title>2018 (8) TMI 1484 - ITAT CUTTACK</title>
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    <description>The Tribunal ruled in favor of the assessee, overturning the disallowance of the loan amount and interest claimed. It held that the assessee adequately proved the loan&#039;s genuineness and the creditor&#039;s identity, satisfying the initial burden of proof. The lack of response from the loan creditor to the notice did not justify adverse inference, as the notice confirmed the creditor&#039;s existence. The Tribunal emphasized that mere non-response cannot lead to adverse conclusions. With supporting documentary evidence and no rebuttal from the revenue, the Tribunal concluded the additions were unjustified, allowing the assessee&#039;s appeal and dismissing the stay petition.</description>
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    <pubDate>Mon, 06 Aug 2018 00:00:00 +0530</pubDate>
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      <title>2018 (8) TMI 1484 - ITAT CUTTACK</title>
      <link>https://www.taxtmi.com/caselaws?id=366012</link>
      <description>The Tribunal ruled in favor of the assessee, overturning the disallowance of the loan amount and interest claimed. It held that the assessee adequately proved the loan&#039;s genuineness and the creditor&#039;s identity, satisfying the initial burden of proof. The lack of response from the loan creditor to the notice did not justify adverse inference, as the notice confirmed the creditor&#039;s existence. The Tribunal emphasized that mere non-response cannot lead to adverse conclusions. With supporting documentary evidence and no rebuttal from the revenue, the Tribunal concluded the additions were unjustified, allowing the assessee&#039;s appeal and dismissing the stay petition.</description>
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