S. 41(1) not applies to unilateral act of writing off of trading liability in year prior to A.Y. 1997-98

High Court of Allahabad Commissioner of Income-tax, Kanpur Versus Elgin Mill Co. Ltd. IT REFERENCE NO. 128 OF 1989 JANUARY 3, 2013 ORDER 1. Income Tax Appellate Tribunal, Allahabad Bench, Allahabad has referred the following question of law under Section 256(1) of the Income-tax Act, 1961, hereinafter referred to as “the Act”, for opinion to this Court. “Whether on the facts and in the circumstances of the case the Tribunal was correct in law in holding that the sum of Rs. 32,39,929/- being provision made for retirement gratuity written back in the year under...