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A.O. observed that the Appellant – had shown to have borrowed a sum of Rupees One crore from an entity.  The investigation wing of the Income Tax Department initiated action under Section 133(A) of the Income Tax Act at the premises of that entity. Inquiries were made and it was noticed by the Department that the entity was indulging into a network of several bank accounts and conducting hawala entries. The entity admitted that they are in business of providing hawal entries.

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Section 68 of the Income Tax Act, 1961 — Cash Credit— No question of law arose as creditor admitted that loan was not genuine and there was retraction of admission after more than two years and no evidence was adduced by assessee to prove genuineness of loan and Tribunal considered material on record and upheld assessment of amount shown as line and disallowing interest on loan — Swastik Realtors vs. Assistant Commissioner of income tax [2019] 418 ITR 1 (Bombay) 

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