#Section 41
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Cessation of liability U/s. 41(1) cannot be presumed, merely because liability remained unpaid for a period of 3 years

Non recovery of debtors for almost 3 years is sufficient reason to write off and claim as revenue loss

Section 41(1) includes remission or cessation of any liability by a unilateral act

Addition U//s 41(1) not justified for creditors paid in subsequent years

Large amount spent on repair and maintenance having no enduring benefit allowable as expense

No cessation of liability merely because amount is outstanding for several years

Surplus/Savings arising on prepayment of deferred sales tax not taxable u/s (iv)

Waiver of loan taken for acquiring a capital asset is taxable

Sec. 41(1)-Cessation of liability on capital account not taxable

Mere Lien over payment due to pending dispute does not result in cessation of trading liability u/s 41(1)

Bogus Purchase- Mere Adjustment in Purchase without disturbing Sales not Justified

In absence of any unilateral or bilateral w/off, no addition sustainable on account of cessation of liability

No Penalty for Doubtful addition U/s. 41(1) of Income Tax Act, 1961

If creditors are found bogus then addition can be made u/s 68 or u/s 41(1)
Explore the latest Section 41 updates on TaxGuru, including relevant Income-tax Act provisions, rules, notifications, circulars, judicial decisions and compliance guidance. The coverage highlights important tax positions, procedural requirements, assessments, deductions, penalties and litigation developments to help taxpayers and professionals understand the practical implications of changes in income-tax law.
