Rajgreen Infralink LLP v. Dy. CIT [2024] 109 ITR 52 (Surat)(Trib)

S. 68 : Cash credits -Assessing Officer has not made any inquiry of his own either issuing notice under section 133(6) or 131 of the Act- Tax deducted at source -Filed confirmation- Burden is discharged -Addition is deleted.[S.131, 133(6)]

When the assessee has furnished all details in the comprehensive sheet mentioned; the name of the lender, PAN, amount of loan, repayment of loans, interest paid and Tax Deducted at Source, the closing balance, duly signed confirmation of ITR, relevant bank statement of the depositors were furnished, the assessee has already repaid the entire loan amount of a few lenders. The Assessing Officer has not made any inquiry of his own either issuing notice under section 133(6) or 131 of the Act. The assessee has discharged its onus and thus addition as an unsecured loan under section 68 of the Act is held to be bad in law, especially in the light of the facts that The Assessing Officer failed to give any reason for justification of addition except the presumption and without bringing any adverse evidence on record. Followed,  CIT v. Ranchod Jivabhai Nakhava (2012) 21 taxmann.com 159 (Guj)(HC)    (AY. 2018-19)