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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)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
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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...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,510

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