CIT v Russian Technology Centre Pvt. Ltd. (2018) 300 CTR 501 (Delhi)(HC) PCIT v. Claridges Hotels ( P) Ltd ( 2018) 300 CTR 501 ( Delhi) (HC)

S. 68 : Cash credits -Share application – The assessees has filed balance sheet confirmation etc, addition cannot be made merely on suspicion , if AO has any doubt he should make enquiry with lenders bank etc .

Dismissing the appeal of the revenue the Court held that ,the assessees has filed balance sheet confirmation etc, it could not be expected to prove the negative that the monies received by it were suspicious or not genuine infusion of capital etc. The assessee had discharged its burden of proof in terms of the settled dicta. It was only logical to expect that if the AO was not convinced about the genuineness of the said documents, he would have inquired into their veracity from the bank(s) to ascertain the truth of the assessee’s claims. Having not done so, he was not justified in disregarding the assessee’s contentions that the infusion of monies into its accounts was legitimate. The AO was not justified in making additions of the various sums u/s 68 of the Act. (AY. 2002-03, 2003-04, 2005-06, 2007-08)