Addition u/s 68 on mere presumptions and suspicion is bad in law

ACIT Vs Nitin Sankhla (ITAT Raipur)

ITAT Raipur held that addition u/s 68 towards unsecured loan received by assessee treating the same as bogus based on mere presumptions and suspect is bad in law and liable to be set aside.

Facts- The case of the assessee for AY 2017-18 was selected for scrutiny u/s 143(2) of the Act and assessment order was passed after making addition of Rs. 39,09,000/- in the garb of unsecured loan treated as cash credits liable to be disallowed u/s 6

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