#Section 41
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Making Chargeable to Tax U/s. 41(1) of Allowance/Deduction Already Made

Mere cessation of liability not results into fit case of sec. 41(1) of Income-tax Act

Cessation of loan liability taken for purchase of capital assets is capital receipt

Deferred tax can neither be taxed U/s. 41(1) nor U/s. 28(4) of Income Tax

S. 41(1) Merely because liabilities were outstanding for last many years, it cannot be said that said liabilities ceased to exist

Unclaimed Liabilities Not Taxable As Income Even If Creditors Not Traceable or Non-Genuine

Unclaimed liabilities Assessable As Income Despite No Write-Back on failure to prove genuineness

Liability Paid subsequently cannot be added to the income of the Assessee

No addition u/s 41(1) merely because some liabilities are outstanding at year end

Whether liability outstanding for several years amounts to cessation of liabilities on account of efflux of time?

No addition u/s 41(1) in respect of balance of creditors appearing in books of accounts at the end of relevant year

Section 41(1) applies to Unpaid dues, whose recovery is time barred

No addition U/s. 41(1) If assessee proves identity of creditors

Old Outstanding Creditors Cannot Be Taxed u/s 41(1) Without Proof of Liability Cessation
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.
