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Income Tax - Highlights / Catch Notes

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Assessee obtained loan from bogus entry provider but failed to ...


Loan from bogus entry provider, lender not produced despite directions. Inquiry prevented. Unusual huge yearly loans.

July 17, 2024

Case Laws     Income Tax     AT

Assessee obtained loan from bogus entry provider but failed to produce lender despite directions. Inquiry prevented by assessee. Unusual for lender providing huge loans yearly without being produced. Assessee duty-bound to explain creditor identity, transaction genuineness, creditor creditworthiness. AO asked source of credit, not source of source. Appeal restored to AO to examine by producing company directors. No cross-examination requirement as assessee must independently prove cash credit ingredients. AO to examine transactions per Section 68 parameters, not relying on confessions/retractions. Appeal allowed statistically.

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