Garima Polymers Pvt. Ltd. v. ACIT (2021) 86 ITR 261 (Delhi)(Trib.)

S. 68 : Cash credits-Share application money-Genuineness not established-Addition was justified-Un secured loan-Onus discharged-Addition was not justified. [S. 131]

 Held that the assessee failed to prove the genuineness of the money received from these two persons, the authorities were justified in making the addition.

As regards loans the initial burden upon the assessee to prove the identity and creditworthiness of the creditors and the genuineness of the transaction stood discharged. The Assessing Officer had not brought any evidence to disbelieve the explanation of the assessee or the documentary evidence on record. Addition was held to be not justified. (AY. 2009-10)