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Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in granting relief of Rs. 1,90,95,000/- to the assessee by ignoring the fact that the assessee has not proved the nature and source of the cash credits within the meaning of section 68 of the Income-tax Act, 1961?

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Section 68 of the Income Tax Act, 1961 — Cash Credit — The onus is cast on the assessee and the assessee is required to explain to the satisfaction of the AO cumulatively about the identity and capacity and creditworthiness of the creditors and the genuineness of the transaction to the satisfaction of the AO. all the constituents are required to be cumulatively satisfied and if one or more of them is absent, the AO can treat the sum under section 68 as an income. Mere submission of name and address of creditor, income tax returns, balance sheet or statement of affairs of creditor and bank statement of creditor not sufficient, thus addition made was justified— Income Tax Officer vs. Western Imaginary Transcon P. Ltd. [2019] 75 ITR (trib) 402 (Mumbai)

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