Held that the assessee has repaid various loans, addition under s. 68 to said extent is not sustainable; since the assessee has furnished various details in respect of the remaining outstanding loans i.e., names, PANs, bank statements, confirmation affidavits, etc. of the lenders, and the AO has made the addition without making proper and complete enquiries and without confronting the report of the Inspector to the assessee, the matter is restored to the AO to provide the report of the Inspector to the assessee for his rebuttal with proper and supporting evidences and to make enquiries from the lenders. (AY.2017-18)
Bhupatbhai Thakarshibhai Mavani v. ACIT (2025) 233 TTJ 29 (UO) (Surat) (Trib)
S. 68 : Cash credits-Repayment of loan-Addition is deleted-Loan outstanding-Report of the Inspector is not provided to the assessee-Violation of principle of natural justice-The matter is restored to the AO to provide the report of the Inspector to the assessee for his rebuttal with proper and supporting evidences.[S. 133(6)]
Leave a Reply