Section 41(1) cannot be applied to bogus & non-existent liability

Green Star Corporation Vs ACIT (ITAT Kolkata) 1. AO made the addition of all outstanding liabilities except in the case of commission expenses, where both outstanding as well as current year expenses were added as income. 2. Such additions of outstanding liabilities can be made only u/s. 41(1) of the Act. This section can be invoked only when there is either cessation or remission of the liabilities. 3. It is not the case of the ld. AO or the Ld. CIT(A) that there is cessation of liability in question. It is true that on a perusal of the nature of the expenses, our conclusion is that there can...