Tag: cessation of liability
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 : 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 …
