Shanti Prime Publication Pvt. Ltd.
Sec. 68 of Income Tax Act, 1961—Cash Credit - The source of money lent is loan from another group company; group company received money from the assessee itself, the transactions is duly reflected in the balance sheets of respective companies. Even the AO himself has stated that source of money lent to the assessee is the assessee itself. If the view of the AO is to be believed then, NBFC companies who have limited earning but lent the money out of the money borrowed will never pass the test of section 68 of the act. Thus, merely filing Nil return by lender, if the sources are clearly established with overwhelming evidences of the bank statements of all the concerned parties duly supported by the annual accounts, cannot lead to addition in the hands of the borrower. Appeal of the assessee partly allowed. - SUPREME BUILD-CAP PVT. LTD. V/s ASSTT. CIT - [2020] 208 TTJ 564 (ITAT-DELHI)