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In absence of any unilateral or bilateral w/off, no addition sustainable on account of cessation of liability
Case Law Details
- Case Name
- M/s Brothers Pharma Pvt. Ltd. Vs ITO (ITAT Jaipur)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All ITAT, ITAT Jaipur
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Brief of the Case
ITAT Jaipur held In the case of M/s Brothers Pharma Pvt. Ltd. vs. ITO that the case laws referred by the CIT (A) are squarely distinguishable on the ground that there was a written off either by the assessee or bilaterally, but in the given case no such w/off has been made by the party nor it was agreed between the parties. A bare reading of Section 41(1) makes it clear that the underlying idea behind introduction of this provision is that the legislature wanted to tax the amount of deductions/allowances which an assessee had already taken/allowed in the earlier years but the...





