Sanjeev Malhotra,New Delhi vs Acit, New Delhi on 16 April, 2025
15.4. We have heard the rival submissions and perused the
materials available on record. During the course of assessment
proceedings despite of the opportunity provided by the assessing
officer assessee had not filed any details. In appellate proceedings
certain details were filed as additional evidences. Admittedly the
parties were stayed outside India. We also observed that the Revenue
can verify the existence and genuineness the transaction through
diplomatic channels where the parties situated outside India. When
the assessee had submitted the relevant details about these parties
34 ITA No.3290 & 2851/Del/2009
ACIT vs. Sanjeev Malhotra
such as such their name, addresses and the payments were received
through banking channels, genuineness of the credit transactions
could not be doubted. The burden lies upon the assessee was
discharged by providing all the relevant details which the AO failed
to rebut, merely on suspicion and based on the show cause notice of
the DRI, the additions were made. Under these circumstances, in
our opinion, the Ld. CIT(A) has rightly deleted the addition which is
hereby upheld.