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TMI Blog2020 (3) TMI 1385X X X X Extracts X X X X X X X X Extracts X X X X ..... e. bout addition made by the AO of Rs. 57,09,961/-. 3. In the course of hearing, learned AR of the assessee submitted a copy of the Tribunal order rendered in the case of Smt. Sudha Loyalka vs. ITO in ITA No. 399/Del/2017 dated 18.07.2018 and pointed out that in this case, it was held by the tribunal that in that case, it is not mentioned by the AO or by CIT (A) as to under which section, the closing credit balance can be added and held that non mentioning the precise section makes the addition bad in law. He pointed out to para 6 (i) of this tribunal order on page 5 of the tribunal order. Thereafter, he pointed out that in the present case also, in the assessment order, the AO has not specified as to under which section, he is making ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aving 10 Acres of agricultural land from which she is earning agricultural income of Rs. 10 lacs per anumn and out of that agricultural income, this amount was advanced by her to her husband for his business purpose. He submitted that on pages 29to 31 of the paper book is the certificate issued by Village Administrative Officer in which it is certified that the wife of the assessee is holding 5 Acres of Agricultural Land and she is growing Banana, Cabbage, Beans, Carrot, Ragi, Neelagiri and other fruits and vegetables and her annual income is certified by him at Rs. 12 Lacs. He submitted that this certificate cannot be ignored and hence, it should be accepted that the wife of the assessee was capable of advancing Rs. 30,21,961/- to the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra) wherein it was held that non mentioning the precise section makes the addition bad in law. Even if we accept the argument of the learned DR of the revenue that this addition is u/s 68 because this addition is made by the AO by holding that loan shown by the assessee is added because creditworthiness of the loan creditor is not established, we are of the considered opinion that the assessee has established the creditworthiness of his wife by bringing a certificate of Village Administrative Officer that the wife of the assessee is holding 5 Acres of Agricultural Land and she is growing Banana, Cabbage, Beans, Carrot, Ragi, Neelagiri and other fruits and vegetables and her annual income is certified by him at Rs. 12 Lacs. For this rea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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