Held that the Assessee had shown cash receipts from the sale of gold and gold ornaments which are duly recorded in the audited books of account and supported by sales bills and stock details. The Assessing Officer has not pointed out any defect in the books of account. Accordingly the addition is deleted. As regards the unsecured loan the Tribunal held that the assessee had discharged the onus cast upon him by furnishing ledger confirmation from the creditors, their permanent account numbers, their returns, and their bank statements. The identity of the creditors was duly established. Likewise, the genuineness of the transactions also got established by the fact that the transactions were carried out through banking channels which were duly reflected in their respective bank statements and duly recorded in the books of account as loan which was also confirmed by the creditors. The authorities did not bring any material on record suggesting otherwise. The Assessing Officer did not point out any infirmity in the primary documents nor conducted direct investigation from the creditors by issuing notice under section 133(6) / 131(1) of the Act. In addition to that the assessee had provided permanent account number details as well as copy of returns of the creditors based on which the Revenue authorities should have access to financial details of the creditors. The assessee also furnished copy of bank statements of the creditors showing the availability of funds before lending money to the assessee. The burden shifted upon the Assessing Officer to bring material on record rejecting the explanation and evidence submitted by the assessee as not satisfactory. Addition is deleted. (AY. 2017-18)
Abhishek Prakashchand Chhajed v. ITO (2024)109 ITR 349 (Ahd)(Trib)
S. 68 : Cash credits-Trading in gold and silver-Cash deposit to Bank-Demonetisation-Audited books of account supported by sales bill and stock details 1Books of account not rejected-Un secured loan-Filed ledger confirmation and Permanent Account Number-Addition is deleted. [S. 131(1), 133(6)]
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