Held that where the assessee had filed all the evidence to establish the identity and creditworthiness of the lenders and to prove the genuineness of the transactions and the Assessing Officer had not carried out any further verification, the addition could not be made in the hands of the assessee. The Assessing Officer must examine the issue in the cases of creditors and make the addition in their hands and not in the hands of the assessee. The assessee had duly discharged its onus by filing evidence before the Assessing Officer. The burden shifted on the Assessing Officer to enquire further into the matter by filing evidence, which he failed to do. The Assessing Officer had acted on the basis of statements of three persons, which lacked evidentiary value in the absence of any substantive and corroborative evidence being brought on record. Addition is deleted. (AY. 2013-14)
IRIS Clothings Ltd. v Dy. CIT (2024) 110 ITR 266 (Kol)(Trib)
S. 68 : Cash credits-Unsecured loans-Filed copies of income-tax return acknowledgments, master-data of lenders, audited financial statements, memorandum and articles of association, copies of bank statements, loan confirmations and ledgers showing receipt and refund of loans with tax deducted at source-Burden discharged-Addition is deleted. [S.133(6)]
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