PCIT v. Overtop Marketing (P.) Ltd. (2023) 461 ITR 67 /148 taxmann.com 94 (Cal) (HC)

S. 68 : Cash credits-Creditworthiness established-Some of the lenders replied in notice issued by the Assessing Officer-Order of Tribunal deleting the addition is affirmed.[S.133(6), 260A]

The AO had made an addition u/s. 68 of the Act and disallowed interest by relying on answers given to certain questions and ignoring details submitted by the assessee. The CIT(A) deleted the addition by relying on the decision in the case of  CIT v. Dataware (P.) Ltd. [ITAT No. 263 of 2011, dated 21-9-2011] and allowed the appeal filed by the assessee. The Tribunal upheld the deletion by giving elaborate reasons as to how the creditworthiness of the lenders had been established. Therefore, the High Court dismissed the appeal filed by the Revenue challenging the order passed by the Tribunal on the ground that the AO had brought on record about the non-existence of the lenders.  (AY. 2015-16)