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    <title>2025 (12) TMI 1096 - ITAT DELHI</title>
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    <description>Where unsecured loans were treated as unexplained cash credits under s.68, the Tribunal held that the assessee discharged the primary onus by furnishing creditor confirmations/affidavits, bank statements evidencing availability of funds, and routing of transactions through banking channels; absent any independent enquiry by the AO (including failure to issue summons/notices under s.133(6)) and in the absence of material showing accommodation entries, addition based on mere suspicion (including low returned income or cash deposits in creditors&#039; accounts) was impermissible; the s.68 second proviso inserted by Finance Act, 2022 was inapplicable to AY 2016-17. The s.68 addition was deleted. For unverifiable expenses, an ad hoc disallowance was restricted from 20% to 5%.</description>
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      <title>2025 (12) TMI 1096 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=783556</link>
      <description>Where unsecured loans were treated as unexplained cash credits under s.68, the Tribunal held that the assessee discharged the primary onus by furnishing creditor confirmations/affidavits, bank statements evidencing availability of funds, and routing of transactions through banking channels; absent any independent enquiry by the AO (including failure to issue summons/notices under s.133(6)) and in the absence of material showing accommodation entries, addition based on mere suspicion (including low returned income or cash deposits in creditors&#039; accounts) was impermissible; the s.68 second proviso inserted by Finance Act, 2022 was inapplicable to AY 2016-17. The s.68 addition was deleted. For unverifiable expenses, an ad hoc disallowance was restricted from 20% to 5%.</description>
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      <pubDate>Fri, 12 Dec 2025 00:00:00 +0530</pubDate>
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