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    <title>2011 (9) TMI 1225 - ITAT KOLKATA</title>
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    <description>Addition under section 68 was held unsustainable where the Revenue relied mainly on a search statement and a letter alleging accommodation entries, but both were later retracted. The lender then confirmed the loan and produced bank statements, audited accounts and other records showing payment through banking channels and no cash deposits before cheque clearance. As the alleged cash trail was not independently established and the assessee&#039;s three section 68 requirements were not disproved, the documentary evidence prevailed over the retracted statement. The loan was treated as genuine, with identity and creditworthiness of the creditor established, and the addition was deleted.</description>
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    <pubDate>Tue, 06 Sep 2011 00:00:00 +0530</pubDate>
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      <title>2011 (9) TMI 1225 - ITAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=298317</link>
      <description>Addition under section 68 was held unsustainable where the Revenue relied mainly on a search statement and a letter alleging accommodation entries, but both were later retracted. The lender then confirmed the loan and produced bank statements, audited accounts and other records showing payment through banking channels and no cash deposits before cheque clearance. As the alleged cash trail was not independently established and the assessee&#039;s three section 68 requirements were not disproved, the documentary evidence prevailed over the retracted statement. The loan was treated as genuine, with identity and creditworthiness of the creditor established, and the addition was deleted.</description>
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      <pubDate>Tue, 06 Sep 2011 00:00:00 +0530</pubDate>
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