Assessee had reflected receipt of unsecured loans aggregating ₹ 10.96 crores from two separate companies. The Assessing Officer held that transactions of receipt of unsecured loans were sham transactions as neither of two entities were found to be genuine and accordingly made additions under section 68 of the Act. CIT(A) deleted the addition. Tribunal affirmed the order of the CIT(A). on appeal the Court held that since assessee’s case was not required to be examined as a stand alone case by ignoring disclosures made by its group company which had admittedly introduced funds and debited them in books of account of assessee, amount as disclosed could no longer be considered as unexplained. Order of tribunal deleting the addition was affirmed. (AY. 2015-16)
PCIT (Central) v. R B Farms and Estates (P.) Ltd. (2025) 305 Taxman 576 (Delhi)(HC)
S. 68 : Cash credits-Unsecured loans-Amount disclosed cannot be considered as undisclosed-Order of Tribunal deleting the addition was affirmed. [S. 132, 260A]
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