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Section 68 query

Tax queries 222 views 3 replies

I company X has taken loan in AY 2010 - 11 from company A. Company X has repaid it in AY 2014 - 15. In AY 213-14 AO has passed order making addition of section 68. Can assese tell that loan has been repaid so AO cannot make addition.

Thanks in Advance

Replies (3)
No, assessee has to prove genuiness of the transaction
The loan was outstanding in A.Y 13-14 hence addition can be made by AO ...however repayment of loan subsequently is a positive factor u may get relief in appellate proceedings.
@ JP Sharma Is there any case law available in which repayment has been done and benifit given to assesse


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