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2023 (2) TMI 755 - HC - Income TaxUnsecured loan u/s 68 - Assessee did not produce the 200 odd farmers from whom the Assessee had borrowed an unsecured loan - Before the ITAT, it was the second round of litigation - direction issued by the ITAT in the first round was to the effect that the AO should verify whether the Assessee had repaid the amount “by calling all the creditors” - Appellant seeks to contend that in terms of the direction issued by the ITAT, it is the AO who should have issued summons to the farmers in question to verify the facts - HELD THAT:- As submitted that it is the AO who should have issued summons to them to appear. Even assuming that the AO did not do so, the fact remains that the Assessee did not ask for summons to be issued and the Assessee did not produce any fresh affidavits of the lender farmers to confirm that their loans to the Assessee had been repaid to them. The Assessee could have easily done this to satisfy the requirement of the directions of the ITAT in remand. In the present case, factually the ITAT has found the addition to be justified and going by ratio of the aforementioned decision, this Court should not interfere with such factual determination by the ITAT. No substantial question of law arising from the impugned order of the ITAT. The appeal is accordingly dismissed.
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