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

S. 68 : Cash credits-Share application money-Genuineness of transaction not established-Addition is held to be justified-Unsecured loan-Onus discharged-Addition is held to be not justified.[S.131]

Tribunal held that the assessee has not established the genuineness of share application money received hence addition as cash credit is held to be justified. As regards the unsecured 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. As a result, the orders of the authorities were set aside and the addition on account of the credits was deleted. (AY. 2009-10)