The Tribunal allowing the appeal of the Assessee, held that, the assessee had discharged its primary onus of fulfilling the three important ingredients of s. 68. The lender, in a sworn statement, admitted the fact of granting of loan, burden is discharged. In the absence of such a fact-based finding to prove that the assessee’s own money was routed through banking channels in the garb of loan, the addition is not sustained in law.
Sasi Enterprises v. Dy. CIT (2023)105 ITR 29 (SN)(Chennai) (Trib)
S. 68 : Cash credits-Burden of Proof discharged by producing Lenders sworn statement admitting granting of loan, turnover alone could not be considered source of loan, credits could not be taxed.