R. N. Sahoo v Dy. CIT (2020) 79 ITR 20 ( SN) (Cuttack) (Trib)

S. 68 : Cash credits – Firm — Capital introduction by partners — Addition is held to be not valid – The period during which the lockdown was in force shall stand excluded for the purpose of working out the time limit for pronouncement of orders, as envisaged in rule 34(5) of the Income-tax (Appellate Tribunal) Rules, 1963 .[ S.254(1) , ITAT R.34(5)]

Tribunal held that all the partners had owned the introduction of capital in the assessee-firm. The Assessing Officer had not challenged the correctness of the evidence filed by the assessee. This was a case where the partners had introduced the capital. The assessee had discharged its onus satisfactorily by furnishing all the relevant evidence. Therefore, when the firm had disclosed the capital introduction by the partner providing the names and permanent account numbers of the contributing partners, no addition could be made in the hands of the firm. Hence the addition of Rs. 60 lakhs was deleted.  The period during which the lockdown was in force shall stand excluded for the purpose of working out the time limit for pronouncement of orders, as envisaged in rule 34(5) of the Income-tax (Appellate Tribunal) Rules, 1963  .  (AY.2014-15)