ITO v. Agrasen Logistics (2025) 126 ITR 436 / 179 taxmann.com 86 (Agra)(Trib.)

S. 68 : Cash credits-Unsecured loans-Identity, creditworthiness and genuineness established-Addition deleted-Source of source-Requirement not applicable-Addition based on suspicion not sustainable. [S. 131, 133(6)]

The assessee furnished confirmations, PAN, bank statements, income-tax returns, agricultural land records and balance sheets of the loan creditors. All loans were received, and many were repaid through banking channels. The Tribunal held that the assessee had discharged the initial burden under section 68 by establishing the identity of the creditors, their creditworthiness and the genuineness of the transactions. The Assessing Officer failed to conduct any meaningful enquiry under sections 131 or 133(6), and mere non-compliance by certain creditors with summons could not justify the addition. The deletion of the addition by the Commissioner (Appeals) was upheld. The Assessing Officer doubted the financial capacity of the creditors on the ground of low bank balances and meagre income. The Tribunal held that for the assessment year under consideration there was no obligation upon the creditors to explain the source of source. In the absence of evidence showing that the loans represented accommodation entries or the assessee’s own money, additions based merely on suspicion or probabilities were unsustainable.  (AY. 2022-23).

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