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No Section 41(1) Addition Without Actual Cessation of Liability
Case Law Details
- Case Name
- Vidya Online Private Limited Vs ITO (ITAT Pune)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2012-13
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Vidya Online Private Limited Vs ITO (ITAT Pune)
No Section 41(1) Addition Without Cessation of Liability; Old Share Application Money Not Taxable u/s 68: ITAT Pune Grants Full Relief
The Pune Bench of the ITAT allowed the assessee-company’s appeal for AY 2012-13, deleting all major additions made by the Assessing Officer and confirmed by the CIT(A), holding that section 41(1) cannot be invoked unless there is a clear remission or cessation of liability, and section 68 cannot be applied to opening balances not received during the year.
Key findings of the Tribunal:
₹37.50 ...





