PCIT v. PNC Infratech Ltd. (2024) 461 ITR 92 (All)(HC)

S. 69 : Unexplained investments-Share capital-Addition made based on unproven and untested statements recorded during searches-Onus to prove investments bogus not discharged-Deletion of addition proper.[S. 132, 260A]

In the facts of the present case, Hon’ble Court has held that the department could not produce any evidence to conclude that any part of the investment was false or bogus. The burden to prove otherwise rested on the department. Unless the initial onus has been discharged by leading some evidence that led to the conclusion that the investment was never made, the burden that was cast on the department remained undischarged. (AY.2010-11)