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2019 (5) TMI 187 - AT - Income TaxAddition of loan creditors - proof of documents in respect of names, address and PAN Nos. of the lenders - addition for want of identity of lenders in the form of Adhar Card - HELD THAT:- Assessee has submitted all possible evidences under his hand before the authorities below in the form of names and addresses and PAN of creditors except one person. Further, the Assessing Officer proceeded to make addition without any verification from the respective creditors even on random basis. The CIT(A) also dismissed the appeal of the assessee for want of Adhar Card ignoring the vital evidence submitted by the assessee in the form of names and address, PAN and confirmation of the creditors. The assessee has discharged its onus by providing all relevant details and documents and confirmation from the respective persons. In this situation, I find that the onus cast upon the assessee has been discharged by giving a cogent and reliable details such as names, addresses, PAN nos and confirmation from the creditors. Therefore, if the department did not agree with the explanation, then the onus was on the department to verify the facts. In the instant case, such onus which shifted on the department has not been discharged. I also find that keeping aside all the information and details furnished by the assessee, the Assessing Officer proceeded to make the addition, which was confirmed by the CIT(A) on the sole ground that the assessee has not furnished Adhar Cards of the creditors. - Decided in favour of assessee. Penalty u/s 271(1)(c) - HELD THAT:- Taking support from judicial precedent in the case of K.C. Builders vs. ACIT [2004 (1) TMI 7 - SUPREME COURT] wherein held that where the additions made in the Assessment Order, on the basis of which penalty for concealment was levied, are deleted, there remains no basis at all for levying the penalty for concealment, and therefore, in such a case, no such penalty can survive and the same is liable to be cancelled. In view of the foregoing, appeal filed by the assessee is allowed.
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