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Assessee produced sufficient documentary evidence before A.O. at the assessment as well as appellate stage to prove ingredients of Section 68 of the I.T. Act. The A.O. however, did not make any further enquiry on the documents filed by the assessee. Thus, the A.O. failed to conduct scrutiny of the documents at assessment stage and merely suspected the transactions in question on the irrelevant reasons. The A.O. did not make any enquiry from the Banker of the Investor and Income Tax record of the Investor Company. The valuation report filed by the assessee support explanation of assessee that shares were issued at premium which were below the fair market value per share of Rs. 1221/- (PB 204 and 205). The assessee, thus, proved the identity of the Investor, its creditworthiness and genuineness of the transaction in the matter. No material has been produced before us to rebut the explanation of assessee. We, therefore, did not find any justification to sustain the addition. We, accordingly, set aside the orders of the authorities below and delete the addition of Rs. 6 crores. There is no material available on record to justify if assessee paid any amount of Rs. 12 lakhs as alleged commission to obtain any accommodation entry. Orders of the authorities below were not justified in making addition of Rs. 12 lakhs. We, accordingly, set aside the orders of the authorities below and delete the addition of Rs. 12 lakhs. In the result, both these grounds of appeals of assessee are allowed. In the result, appeal of Assessee is partly allowed.

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Sec. 68 of Income Tax Act, 1961—Cash Credit—PRIYATAM PLASCHEM PVT. LTD. vs. ITO.[2018] 67 ITR (TRIB) 649 (ITAT-DELHI)

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