Poddar Realtors v. ITO [2024] 109 ITR 605 (Kol) (Trib)

S. 68:Cash credits – Proved identity creditworthiness and genuineness- Addition is deleted.[S. 148]

Tribunal held that the assessee had discharged its burden of proving the identity of loan creditor having permanent account number and filed the return of income as well. Further the creditworthiness of the transaction was proved since they had been through banking channel and sufficient funds were available with the loan creditors to prove genuineness of the transaction. Assessee Company was carrying out regular business activity and loan was obtained at commercial rate of interest which was repaid at a later date in the subsequent year. Tax was deducted at source on interest paid on loans. Hence, addition of Rs. 25,00,000/- made under Section 68 of the Act was deleted. Relied: Pr. CIT v. Sree leathers [2022] 448 ITR 332 (Cal.) (HC) (AY. 2013 -14)