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Section 41

Latest Articles


Section 16(4): Will Delayed filing of return cost availability of ITC to Defaulters?

Goods and Services Tax : Explore the critical implications of Section 16(4) of the CGST Act, 2017 on taxpayers' Input Tax Credit (ITC) eligibility and the ...

March 2, 2024 7329 Views 0 comment Print

Strategic Insights into Section 41: with easy to understand examples

Income Tax : Explore the intricacies of Income Tax Section 41, covering allowances, deductions, and financial transactions. Real-world examples...

December 16, 2023 2211 Views 0 comment Print

Tax on Remission of Trading Liability for Assessee under Presumptive Taxation

Income Tax : Whether Remission Of Trading Liability Separately Taxable Where Income From Business Has Been Declared On Presumptive Basis U/S 44...

January 7, 2023 5589 Views 0 comment Print

Liability to deduct section 194R TDS on Benefit or Perquisite in Business or Profession

Income Tax : Any person being Individual/HUF/Company/Firm/LLP etc. providing any benefit or perquisite whether convertible into money or not, i...

July 19, 2022 17337 Views 0 comment Print

Impact of Waiver of Loan or Liability on Depreciation Claim

Income Tax : ISSUE FOR CONSIDERATION When a loan taken for acquiring a depreciable capital asset or a part of the purchase price of such capita...

April 13, 2022 3354 Views 0 comment Print


Latest Judiciary


No Section 41(1) addition if no remission or cessation of liability: ITAT Delhi

Income Tax : ITAT Delhi rules against Section 41(1) addition when no cessation of liability occurs, directing cancellation of a demand in the c...

June 6, 2024 432 Views 0 comment Print

Section 41(1) cannot be invoked without liability in books: ITAT Kolkata

Income Tax : Dive into the detailed analysis of Syama Prasad Mookerjee Port's case against DCIT at ITAT Kolkata regarding Section 41(1) of the ...

May 27, 2024 480 Views 0 comment Print

Drawback & ROSCTL Benefit Cannot be Denied for Procedural Lapse in circular

Custom Duty : Lovy International challenged rejection of Drawback to ROSCTL conversion. CESTAT Delhi ruled CBEC Circular time limit invalid. Det...

April 23, 2024 735 Views 0 comment Print

Section 41(1) Addition Not Permissible Solely Due to Lapse of Limitation Period: ITAT Mumbai

Income Tax : ITAT Mumbai rules in favor of Ecokrin Hygiene Pvt. Ltd., deleting additions under section 41(1) of the Income Tax Act solely based...

March 23, 2024 1080 Views 0 comment Print

Old provisions of section 148 including TOLA cannot be applied to new regime: Calcutta HC

Income Tax : Calcutta High Court held that the provisions of old regime of Section 148 of the Income Tax Act (including TOLA) cannot be applied...

February 20, 2024 2538 Views 0 comment Print


Latest Notifications


Sea Cargo Manifest and Transhipment (First Amendment) Regulations, 2024

Custom Duty : Stay updated with the latest amendment to the Sea Cargo Manifest and Transhipment Regulations, 2018 by the Central Board of Indire...

March 28, 2024 525 Views 0 comment Print


Latest Posts in Section 41

No Section 41(1) addition if no remission or cessation of liability: ITAT Delhi

June 6, 2024 432 Views 0 comment Print

ITAT Delhi rules against Section 41(1) addition when no cessation of liability occurs, directing cancellation of a demand in the case of Late Sh. Mahender Kumar Mittal vs. ITO.

Section 41(1) cannot be invoked without liability in books: ITAT Kolkata

May 27, 2024 480 Views 0 comment Print

Dive into the detailed analysis of Syama Prasad Mookerjee Port’s case against DCIT at ITAT Kolkata regarding Section 41(1) of the Income Tax Act. Understand why cessation of trading liability cannot be invoked without liability in books.

Drawback & ROSCTL Benefit Cannot be Denied for Procedural Lapse in circular

April 23, 2024 735 Views 0 comment Print

Lovy International challenged rejection of Drawback to ROSCTL conversion. CESTAT Delhi ruled CBEC Circular time limit invalid. Detailed analysis here.

Sea Cargo Manifest and Transhipment (First Amendment) Regulations, 2024

March 28, 2024 525 Views 0 comment Print

Stay updated with the latest amendment to the Sea Cargo Manifest and Transhipment Regulations, 2018 by the Central Board of Indirect Taxes and Customs (CBIC)

Section 41(1) Addition Not Permissible Solely Due to Lapse of Limitation Period: ITAT Mumbai

March 23, 2024 1080 Views 0 comment Print

ITAT Mumbai rules in favor of Ecokrin Hygiene Pvt. Ltd., deleting additions under section 41(1) of the Income Tax Act solely based on the expiration of the limitation period.

Section 16(4): Will Delayed filing of return cost availability of ITC to Defaulters?

March 2, 2024 7329 Views 0 comment Print

Explore the critical implications of Section 16(4) of the CGST Act, 2017 on taxpayers’ Input Tax Credit (ITC) eligibility and the consequences of delayed return filings.

Old provisions of section 148 including TOLA cannot be applied to new regime: Calcutta HC

February 20, 2024 2538 Views 0 comment Print

Calcutta High Court held that the provisions of old regime of Section 148 of the Income Tax Act (including TOLA) cannot be applied to new regime applicable from 01.04.2021. Accordingly, impugned notices quashed being barred by limitation.

Bill of Entry Amendment Before Final Assessment Valid u/s 149 of Customs Act

February 15, 2024 414 Views 0 comment Print

Read about CESTAT Ahmedabad ruling in Indian Farmers Fertiliser Co Operative Ltd Vs C.C. Kandla, allowing amendment on bill of entry u/s 149 of Customs Act before final assessment.

Arbitration Reference Doesn’t Bar Examination of Stamp Duty issues in Writ: Delhi HC

February 14, 2024 228 Views 0 comment Print

Delhi High Court clarifies that referring disputes to arbitration doesn’t prevent examination of stamp duty issues in writ petitions. Learn about the court’s stance on stamp duty in legal documents.

No Cessation of Liability u/s 41(1) as debt not written off in books

February 12, 2024 1038 Views 0 comment Print

ITAT Bangalore held that unless the debt has been written off in the books of accounts of both the assessees, it cannot be said that that cease to exist.

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