R. G. Consultants P. Ltd. v. Dy. CIT (2020) 78 ITR 37 (SN) ( Delhi ) (Trib)

S. 68 : Cash credits – Loans from directors or relatives – Permanent Account Number Details, Bank Statements, Confirmations And Copies Of Income-Tax Returns Of Lenders were furnished – No cash was deposited before issue of cheque – Addition is held to be not valid .

Tribunal held that all the lenders were either directors or relatives of the directors. The assessee had furnished permanent account numbers details, bank statements, confirmations and copies of Income-tax returns of the lenders. None of the lenders was alleged to be an entry provider. They have given loans to the assessee out of their available balances and it was not the case of the Department that prior to issuing cheques, there was a deposit of cash in the lender’s bank account. Therefore, the assessee had not purchased cheques by paying cash. ( AY.2011-12)