Just a moment...

Top
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Assessee successfully proves identity, genuineness and creditworthiness of unsecured loans, deletion of Section 68 addition upheld

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ITAT allowed assessee's appeal and confirmed CIT(A)'s deletion of addition under Section 68. The assessee successfully discharged the primary onus by providing confirmation letters, bank statements, income tax returns, and statements establishing lender's identity, creditworthiness, and transaction genuineness. Despite AO's disbelief of unsecured loans without interest charges, the tribunal noted AO did not question partial loan repayments with appropriate TDS in current and subsequent assessment years. The tribunal held that assessee provided sufficient prima facie evidence including lender's PAN, address, contra confirmations, and financial documents. Addition under Section 68 was deemed unsustainable in law as all three conditions - identity, genuineness, and creditworthiness - were adequately established through documentary evidence submitted.....