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addition of Rs. 1,30,35,000/- u/s 68 by treating the loan received from the following persons as non-genuine anddisallowance of claim of interest of Rs. 5,92,142 assessee has submitted that out of this addition of Rs. 1,30,35,000/-, a sum of Rs. 1 crore pertains to Johari Group. The ld. A/R has pointed out that the Johari Group has filed an FIR in respect of the loans of Rs. 50,00,000/- through various persons, namely, Smt. Anupriya Johari, Smt. Sita Devi Johari, Smt. Kanak Prabha Johari and Smt. Shashi Johari. Thus this amount of Rs. 50 lacs was part of the FIR wherein they have claimed the loans given to the assessee and the assessee has defaulted the repayment of the said amount. The ld. A/R has further submitted that the assessee produced all the details of the loans received from the Johari Group by giving the cheque numbers and subsequent repayment of the said loans by the assessee. All these loan creditors are regular income tax assesses and, therefore, their identity and creditworthiness cannot be doubted by the department. As regards the remaining Rs. 50,00,000/- of loan from M/s. Trimurti Enterprises and M/s. Johari Jewellers Pvt. Ltd. of Rs. 25,00,000/- each, the ld. A/R has submitted that the assessee produced the details of the cheques through which the loans were received as well as the details of the cheques of repayments of the said loans. Further, the assessee also produced the confirmations from these two loan creditors, namely M/s. Trimurti Enterprises and M/s. Johari Jewellers Pvt. Ltd. Therefore, the assessee discharged his onus to prove the identity, creditworthiness and genuineness of the transactions when all the relevant evidences were produced of receipt of the loans and repayment of the loans as well as confirmations from the loan creditors. As regards the other loan amounts of Rs. 50,00,000/- received from 4 creditors of Johari Group, since there was a FIR which contains the details of the loans given by these creditors to the assessee, apart from the confirmations filed by the assessee the said transactions cannot be doubted as it is verifiable from independent evidences. The ld. A/R has submitted that all these documents were turned down by the ld. CIT (A) on the ground that the names of the other two loan creditors namely M/s. Trimurti Enterprises and M/s. Johari Jewellers Pvt. Ltd. are not mentioned in the FIR. The ld. A/R has pointed out that the transactions of loans given by Smt. Anupriya Johari, Smt. Sita Devi Johari, Smt. Kanak Prabha Johari and Smt. Shashi Johari amounting to Rs. 50 lacs has been stated in the FIR and, therefore, the said transaction of loan is otherwise proved from independent sources. Hence, we allow part relief to the extent of repayment in above terms. The AO is directed to verify the details of the repayment and the peak cash credit in the cash book of the assessee and then allow the benefit of availability of the cash which was claimed to have been repaid for introduction of fresh cash credit during the year. Further, when the ld. CIT (A) has already restricted the disallowance of interest to Rs. 15,51,706/- in the second round of appeal, then the said disallowance on account of interest cannot be enhanced in the 3rd round of litigation by confirming the original disallowance made by the AO of Rs. 18,09,798/-. Hence, to the extent of disallowance which is more than Rs. 15,51,706/-, the same is deleted as based on the presumption of incorrect facts.

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Sec. 68 of Income Tax Act, 1961—Cash Credit—V.M. DAWARA vs. Deputy CIT.[2018] 67 ITR (TRIB) 604 (ITAT-JAIPUR)

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