Tag: cessation of liability
Addition for Bogus creditors converted into cessation of liability as goods were defective and vendors had not shown amount as receivable proving that liability had ceased. ABCAUS Case Law Citation:ABCAUS 3171 (2019) (10) ITAT The appellant assessee was an individual and was engaged in the trading business. The …
No addition u/s 41(1) can be made unless liability is written off in accounts. AO has to brought evidence on record to show that liability has ceased ABCAUS Case Law Citation: ABCAUS 2940 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties CIT v. Bhogilal Ramjibhai …
Section 41(1) addition can not be invoked without any material evidence. High Court upheld quashing of addition made on account of remission/cessation of trade liability. ABCAUS Case Law Citation: ABCAUS 2903 (2019) (05) HC The appeal was filed by the Revenue against the order passed by the Income …
Waiver of loan not cessation of trading liability u/s 41(1). Provision of Section 28 (iv) do not apply to benefits received in cash-Supreme Court The instant appeal(s) were filed by the Income Tax Department (Revenue/appellant) against the judgment passed by the High Court whereby the Division Bench of …
Unilateral writing off liability in the books of creditor can not be taxed u/s 41 in the hands of the assessee unless assessee was party to the settlement had the knowledge of writing off – ITAT ABCAUS Case Law Citation: ABCAUS 2279 (2018) (04) ITAT Important Case Laws …
Addition u/s 41(1) made on the ground of untraceable creditors-the liability had not ceased or any advantage was taken. High Court upheld deletion made by ITAT ABCAUS Case Law Citation: ABCAUS 2240 (2018) (03) HC The Revenue was aggrieved by the order of the Income Tax Appellate Tribunal …
Creditors not barred by limitation if liability acknowledged in accounts, creditors can rely on the said acknowledgment-High Court  ABCAUS Case Law Citation: ABCAUS 2185 (2018) (01) HC Brief Facts of the Case: The assessee, during the course of the assessment proceedings had furnished details of the creditors. …
Advances converted into reserves not cessation of liability u/s 41(1). Pre-conditions / Tests to be applied for applicability of the deeming provisions as laid by Supreme Court ABCAUS Case Law Citation: ABCAUS 2034 (2017) (08) HC Assessment Year : Â 2000-01 Important Case Laws Cited/relied upon by the parties: …
Addition for liability existing in balance sheet u/s 41(1). CIT(A) had no locus standi to enhance the assessment for the reason of cessation of liability – ITAT ABCAUS Case Law Citation: ABCAUS 1272 (2017) (06) ITAT The Grievance: The appeal of the assessee was directed against the order …
ITAT Amritsar, in a recent judgment, has held that no conclusion of cessation of creditor’s liability u/s 41(1) can be drawn for an entry outstanding in books over the years and not been challenged in the initial year of such entry. Case Law Details: M/s. Modern Distributors vs. Income Tax Officer …
