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Section 68 addition remanded — Identity proved shifts onus to AO; Failure to invoke Section 133(6) grant opportunity held improper
Case Law Details
- Case Name
- Afzal Pasha Vs DCIT (ITAT Bangalore)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2018-19
- Courts
- All ITAT, ITAT Bangalore
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Afzal Pasha Vs DCIT (ITAT Bangalore)
ITAT condoned delay of 130 days considering medical condition & held that genuine health issues constitute sufficient cause; appeal admitted on merits.
AO treated unsecured loans of ₹2.28 Cr as unexplained u/s 68 merely because lenders were from unorganised sector & did not file ITR/GST; CIT(A) confirmed addition without deeper verification. Assessee had furnished PAN & Aadhaar of lenders & loans were recorded in audited books — Tribunal held identity stands established & once primary evidence is given, initial onus stands discharged...




