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The Revenue has raised the following ground:- ‘’Whether in the facts and circumstances of the case and in law the ld. CIT(A) is right in deleting the addition of Rs. 3,98,00,000/- made u/s 68 of the I.T. Act, 1961 without appreciating the fact that the assessee has introduced cash amounting to Rs. 3,98,00,000/- in the form of share capital thorough the racket of entry provider operating in Kolkata, information of which was provided by the Investigation Wing, Kolkata.’’ Therefore, the documentary evidence produced by the assessee cannot be ignored or rejected. Hence, in view of the above facts and circumstances of the case, we do not find any error or illegality in the order of the ld. CIT(A). Thus the appeal of the Revenue is dismissed.

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Sec. 68 of Income Tax Act, 1961—Cash Credit— When the assessee has produced all the relevant documents then onus casted u/s 68 has been duly discharged by the assessee and once the assessee has discharged his primary onus then burden is shifted on the AO to bring on record the contrary material or facts to disprove evidence produced by the assessee. Addition made under section 68 was deleted as the findings of the AO are merely an assumption and based on conjecture and surmises and not on any tangible material  — ITO Vs. SKYWAYS INDUSTRIAL ESTAE CO. P. LTD. [2020] 78 ITR (TRIB) 320 (ITAT-JAIPUR)

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