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The entities M/s Glebe Trading Pvt. Ltd. and M/s. Danta Enterprises Pvt. Ltd. have been used as conduits in availing unsecured loans covered u/s 68 of the Act. The identity and creditworthiness of the above companies and genuineness of the transaction of unsecured loans received from them is not established. Based on initial submissions of the assessee on the issue, independent field enquiries were caused to be carried out and the findings were confronted to the assessee. The assessee in response has failed to discharge its onus regarding establishing the identity and creditworthiness of the entities and the genuineness of the transaction of unsecured loans in the given case.

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Sec. 68 of Income Tax Act, 1961—Cash Credit - As held by the Supreme Court in LG Electronics (India) Pvt. Ltd. (Civil Appeal No. 6850/2018), it is open to the statutory authorities to grant relief to deposit an amount lesser than twenty per cent if the facts of the case so warrant. The assessee in response has failed to discharge its onus regarding establishing the identity and creditworthiness of the entities and the genuineness of the transaction of unsecured loans. Thus, on the facts of the present case, as determined by the AO, a prima facie case is not made out and such a relief is not warranted. - JINDAL ITF LTD. V/s UOI - [2020] 273 TAXMAN 039 (DEL)

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