TaxTMI 
TaxTMI 
2022 (4) TMI 592
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....11-12. The assessee has raised following grounds of appeal: "1. On the facts and circumstances of the case and in law, ld. CIT(A) erred in confirming the addition U/s 68 of Rs. 13,94,23,769/- without considering, analyzing and appreciating the written submissions, supporting documents and judicial decisions filed by the appellant during course of Appellate proceedings. 2. On the facts and circumstances of the case and in law, ld. CIT(A) erred in confirming the addition U/s 68 of Rs. 13,94,23,769/- in respect of deposits made in bank accounts, though the nature and source of credits had been explained alongwith supporting documents. 3. The ld. CIT(A), before sustaining the addition of cheque/RTGS deposits made in b....
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....tion received from the office of DDIT, Unit-3(1), Mumbai that huge debits/credits transactions were made in the account of assessee with Axis bank. The enquiry was conducted by the Investigation Wing and the assessee could not explain the source of credit entry in its bank account. On the basis of such information, the Assessing Officer made his belief that the income of assessee chargeable to tax has escaped assessment. The notice under Section 148 of the Act was issued to the assessee to file return of income. The Assessing officer recorded that despite service of notice, no return of income in response to notice under Section 148 of the Act was filed by the assessee. The Assessing Officer issued several notices under section 142(1) of th....
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....)/NFAC held that the assessee has to prove by cogent evidence that the transaction were genuine. The assessee has to prove the identity, creditworthiness and the genuineness of transactions. The assessee made no attempt to prove the same. The ld. CIT(A)/NFAC by referring the decision of the Hon'ble Apex Court in the case of CIT Vs Devi Prasad Viswanath 72 ITR 194 (SC), wherein it was held that onus is on the assessee to prove the source of income from any particular source.the ld CIT(A)/ NFAC upheld the addition by taking a view that the additions are in accordance with the provisions of law. Further aggrieved, the assessee filed the present appeal before this Tribunal. 4. We have heard the submissions of the ld. authorised represent....
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....a view that it was the responsibility of the assessee to prove the identity, creditworthiness and genuineness of transaction. The ld. AR submits that the assessee has furnished complete details of all the parties, their addresses, bank statements, PAN number, confirmation, ledger accounts of all the parties and discharged its primary onus. No comments were made on such evidences by first appellate authority. The ld. AR prayed that since the order was passed by the ld. CIT(A)/NFAC was without considering the documentary evidences, the order is absolutely silent on the documentary evidences furnished by the assessee, therefore, the matter may be restored back to the file of the ld. CIT(A)/NFAC with the direction for adjudicating the issue afr....