That in respect of the loan taken of Rs. 1 crore from D the Assessing Officer did not find the documents filed by the assessee satisfactory so as to establish the genuineness and creditworthiness of D. Before the Commissioner (Appeals), the assessee filed various documents to establish the genuineness of the transaction, but the Commissioner (Appeals) refused to admit them despite calling for the remand report. This matter was to be restored back to the Assessing Officer, with directions to examine all the evidence filed by the assessee in the form of additional evidence, to carry out necessary inquiries from D and also summon the directors or the principal officer of D to explain the source and genuineness of the transaction, to confront all the information and material gathered and communicated by the Investigation Wing to the assessee. The assessee was directed to co-operate in such enquiry. The disallowance of interest was also set aside as it was consequential to the aforesaid ground. (AY.2011-12)
Young Indian v. ACIT(E) (2022) 95 ITR 33 (SN) / 218 TTJ 1 (Delhi)(Trib)
S. 68 : Cash credits-Unsecured Loan-Additional evidence-Matter remanded. [R. 46A, ITAT R. 29]