The assessee had received unsecured loan of Rs. 50 lakhs from an individual lender. During the assessment proceedings, the assessee furnished documentary evidence establishing the identity and creditworthiness of the lender and the genuineness of the transaction. The assessee had also proved the source of source of the funds. The Tribunal noted that the loan transaction was duly confirmed by the lender and the assessee had subsequently repaid the loan along with interest after deducting tax at source. The interest income was also offered to tax by the lender and the interest expenditure claimed by the assessee was not disputed by the Revenue. The Tribunal held that once the assessee had discharged the onus cast upon it u/s 68 by producing relevant documentary evidence and the subsequent repayment further strengthened the genuineness of the transaction, no addition could be sustained merely on suspicion. Following PCIT v. Ambe Trade (P.) Ltd. (2022) 145 taxmann.com 27 (Guj.)(HC) and DCIT v. Rohini Builders (2003) 127 Taxman 523 (Guj.)(HC) , the Tribunal deleted the addition made u/s 68.(ITA No. 4213/Mum/2025, dt. 11-05-2026)( AY. 2017-18 )
Mahendra Enterprise Firm v. ACIT (Mum.)(Trib) www.itatonline.org .
S. 68 : Cash credits – Loan received – Identity, creditworthiness and genuineness proved – Assessee also proved source of source – Loan subsequently repaid with interest after deduction of TDS – Addition deleted. [S. 143(3)]
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