ITO 25(2)(1), MUMBAI vs. KAUSHIK B. THAKER, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s order, finding that the assessee had provided loan confirmation and the creditor's PAN card, and an affidavit from the creditor confirming the transaction. The Revenue failed to bring anything on record to contradict the assessee's contentions.
What were the facts?
The Assessing Officer (AO) made an addition to the assessee's income under Section 68 for an unexplained cash credit of Rs. 17,50,000/- representing a loan. The CIT(A) deleted this addition, finding that the assessee had discharged the primary onus of proving the loan's genuineness.
What were the issues?
Whether the assessee discharged the primary onus of proving the genuineness of a loan transaction under Section 68, and whether the CIT(A) was justified in deleting the addition.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, MUMBAI
Before: SHRI SHAILENDRA KUMAR YADAV, JM & SHRI RAJESH KUMAR, AM
O R D E R
PER SHAILENDRA KUMAR YADAV, JM
This appeal has been filed by Revenue against the order of CIT(A) on following grounds: - “1. On the facts and in the circumstances of the case and in law, the ld. CIT(A) erred in deleting the Shri Kaushik B. Thaker addition made by the A.O. as unexplained cash credit u/s. 68 of the Act in respect of loan of Rs.17,50,000/- taken from Shri Haresh D. Ashar without appreciating the fact that assessee has failed to discharge the primary onus of providing the genuineness of the loan.
2. On the facts and in the circumstances of the case and in law, the ld. CIT(A) erred in deleting the addition and accepting the contention of the assessee that the assessee has proved the genuineness of the person, genuineness of loan transaction and ability to give loan by the loan creditor Shri Harsh D. Ashar.”
2. Assessee, an individual engaged in the business of commission and brokerage of properties has filed return of income on 20.211.2003 admitting total income of `1,05,750/- which was accepted under section 143(1) of the Act. Subsequently the case was reopened under section 148 of the Act by Assessing Officer and selected for scrutiny and completed the assessment under section 143(3) of the act determining the total income at `19,75,750/- by making addition to assessee’s income on account of unexplained cash credit under section 68 of the Act.
Shri Kaushik B. Thaker 2.1 The matter was carried before the first Appellate Authority wherein various contentions were raised on behalf of the assessee and having considered the same CIT(A) granted relief to assessee. Same has been opposed before us on behalf of Revenue, inter alia, submitting that CIT(A) was not justified in deleting the addition made by the Assessing Officer as unexplained cash credit u/s. 68 of the Act in respect of loan of Rs.17,50,000/- taken from Shri Haresh D. Ashar without appreciating the fact that assessee has failed to discharge the primary onus of providing the genuineness of the loan. So the order of the CIT(A) be set aside and that of Assessing Officer be restored. None appeared on behalf of assessee. Therefore the matter is being decided exparte on the basis of the arguments of the learned Departmental Representative and the material on record.
2.2 After going through the rival submissions and material on record we find that the quantum addition was made of `18,70,000/- by Assessing Officer in respect of Shri
Shri Kaushik B. Thaker Harish.D_Ashar (`17,50,000/-), Tehmi R Mody (`50,000/-), and Shri D K Shah (`17,000/-). The issue of latter two parties is not before us. So the issue before us is regarding cash credit of `17,50,000/- taken from Shri Haresh D.
Ashar. Assessee submitted copy of loan confirmation along with copy of PAN card of Shri Haresh D Ashar with an intention to disclose latest address as per income tax records. Since assessee was not dealing with Shri Haresh D Ashar any more, it was not possible produce him before the concerned Assessing Officer. After a lot of efforts, assessee was able to trace Haresh D Ashar who has given an affidavit in respect of loan amount transactions and confirming the same. In this regard the stand of the assessee has been that that loan confirmations and PAN card of Shri Haresh D Ashar have been submitted so the onus was shifted to Assessing Officer to use his power for to make further enquiry. Thus assessee discharged his onus in respect of loan of Rs.17,50,000/- from Haresh D Ashar and proved identity and genuineness of the person. Nothing
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- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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