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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 2541 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


HC upheld addition of Suspicious Loan under Section 68 instead of under Section 41(1)

January 16, 2024 567 Views 0 comment Print

Explore Delhi High Court’s ruling on Section 41(1) of the Income Tax Act in Valley Iron and Steel Co. Ltd. vs. PCIT. Detailed analysis and implications of the judgment.

Sundry Creditors arising out of Hawala-Linked Bogus Purchases: Income Tax Treatment 

January 5, 2024 6858 Views 0 comment Print

Explore ITAT Mumbai’s order on sundry creditors from bogus purchases. Learn about tax implications, sections 68 and 41(1), and the importance of accepted transactions.

Estimated addition without pointing out specific defect in audited books unjustified

December 25, 2023 1392 Views 0 comment Print

ITAT Delhi held that without pointing out any specific defect in the audited books of accounts, AO cannot and should not make any estimated addition. Accordingly, such estimated addition deleted.

Delhi HC explains what constitute remission or cessation of a trading liability

December 20, 2023 1347 Views 0 comment Print

Delhi High Court rules in CIT Vs Vardhman Overseas Ltd. that non-payment to creditors, shown in balance sheets, doesn’t imply benefit under Section 41(1) IT Act, safeguarding the principle against double taxation benefits.

Strategic Insights into Section 41: with easy to understand examples

December 16, 2023 2211 Views 0 comment Print

Explore the intricacies of Income Tax Section 41, covering allowances, deductions, and financial transactions. Real-world examples illustrate the nuances of Section 41(1) to Section 41(5), offering clarity for businesses and professionals.

Assessing Officer Must Substantiate Bogus Creditor Claim: ITAT Delhi

December 14, 2023 660 Views 0 comment Print

Absence of reply from the creditors do not entitle the Assessing Officer to treat the creditors as bogus without bringing any evidence on record to prove the payable are not indeed not required to be paid.

No tax on Loan Waiver for Capital Assets Acquisition under Section 28(iv): ITAT

November 26, 2023 1125 Views 0 comment Print

ITO Vs Meyer Apparel Pvt. Ltd (ITAT Delhi): Loan waiver for capital assets not taxable under Sec 28(iv) or 41(1) as cash receipt; not a remission of trading liability.

Unabsorbed depreciation of A.Y.s 1997-98 to 2000-01 can be carried forward and set off without any limit

November 21, 2023 753 Views 0 comment Print

The present appeal has been filed by the revenue against order passed by the CIT(A) challenging action of CIT(A) in allowing carry forward of unabsorbed depreciation of Rs. 19,89,09,661/- pertaining to A.Y.s 1997-98 to 2000-01 for set off without any time limit.

Arrest illegal as grounds of arrest not conveyed in writing

November 6, 2023 765 Views 0 comment Print

Punjab and Haryana High Court held that non-conveying of grounds of arrest in writing is not sufficient compliance of the provisions of Section 19 of the PMLA and Article 22 of the Constitution of India. Accordingly, arrest of the present petitioner illegal and cannot be sustained.

Writ not entertained as petitioner chose not to reply to notice and not to appear for hearing

November 4, 2023 627 Views 0 comment Print

Kerala High Court held that as petitioner failed to reply to the show cause notice and failed to attend the hearing. Thus, petitioner chose not to provide any evidence in respect of his claim of input tax credit. Hence, writ not entertained.

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