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    <title>2017 (11) TMI 2085 - ITAT JAIPUR</title>
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    <description>Addition under s. 68 for unexplained loans allegedly routed through benami/paper entities was examined in light of the assessee&#039;s evidence and the Revenue&#039;s reliance on search statements and seized material of an alleged accommodation-entry group. The Tribunal held that the assessee discharged the initial onus under s. 68 by producing primary documentation, and the AO neither rebutted it with positive evidence nor demonstrated perversity in the CIT(A)&#039;s appraisal. Further, the AO based the addition solely on investigation inputs and s. 132(4) statements/seized documents that were not furnished to the assessee and without granting requested cross-examination, violating natural justice; consequently, the s. 68 addition was unsustainable and the Revenue&#039;s appeal was dismissed.</description>
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    <pubDate>Fri, 10 Nov 2017 00:00:00 +0530</pubDate>
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      <title>2017 (11) TMI 2085 - ITAT JAIPUR</title>
      <link>https://www.taxtmi.com/caselaws?id=465854</link>
      <description>Addition under s. 68 for unexplained loans allegedly routed through benami/paper entities was examined in light of the assessee&#039;s evidence and the Revenue&#039;s reliance on search statements and seized material of an alleged accommodation-entry group. The Tribunal held that the assessee discharged the initial onus under s. 68 by producing primary documentation, and the AO neither rebutted it with positive evidence nor demonstrated perversity in the CIT(A)&#039;s appraisal. Further, the AO based the addition solely on investigation inputs and s. 132(4) statements/seized documents that were not furnished to the assessee and without granting requested cross-examination, violating natural justice; consequently, the s. 68 addition was unsustainable and the Revenue&#039;s appeal was dismissed.</description>
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      <pubDate>Fri, 10 Nov 2017 00:00:00 +0530</pubDate>
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