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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 8964 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 6885 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 6993 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 18945 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 4248 Views 0 comment Print


Latest Judiciary


Bad Debts Written Off Cannot Be Disallowed as Prior Period Expenses: ITAT Mumbai

Income Tax : Tribunal held that deduction for bad debts is allowable in the year in which the debts are actually written off in the books of ac...

May 22, 2026 231 Views 0 comment Print

No Section 41(1) Addition Permissible Without Proof of Cessation of Liability

Income Tax : The ITAT Raipur held that additions for cessation of liability cannot be made merely because creditor confirmations were not filed...

May 15, 2026 195 Views 0 comment Print

Self-Generated Trademark Before 2002 Not Taxable as Capital Gain Reason Cost of Acquisition Cannot Be Computed

Income Tax : High Court held that consideration received on transfer of self-generated trademarks before 1 April 2002 was not taxable as capita...

May 4, 2026 201 Views 0 comment Print

No Addition for Cessation of Liability if no Evidence of Remission: ITAT Mumbai

Income Tax : The Tribunal held that addition under Section 41(1) cannot be made without proof of actual cessation of liability. It found that m...

April 18, 2026 342 Views 0 comment Print

No Liability Cessation Without Remission: ITAT Deletes Section 41(1) Addition  

Income Tax : The Tribunal held that mere non-payment or expiry of limitation does not amount to cessation of liability. In absence of actual be...

April 10, 2026 501 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 1125 Views 0 comment Print


ITAT Mumbai Upheld MAT Liability Despite Prior SICA Status Due to Positive Net Worth

November 21, 2025 378 Views 0 comment Print

The Tribunal held that MAT relief under section 115JB cannot continue once a company’s net worth becomes positive, as the scheme required only consideration—not automatic grant—of exemption.

ITAT Delhi Deletes Double Addition of ₹14.45 Crore Made by CPC

November 9, 2025 786 Views 0 comment Print

ITAT held that once income is accounted in the Profit & Loss statement, further addition by the tax authority is unlawful. The order restores the correct claim of losses and eliminates double addition.

Reversal of Disallowed Liquidated Damages Cannot Be Taxed again ITAT Chennai

November 6, 2025 621 Views 0 comment Print

ITAT Chennai granted relief, holding that reversal of a provision for liquidated damages, which was disallowed and subsequently taxed under VSV Scheme in earlier years, cannot be taxed again under Section 41(1). This prevents double taxation.

Arrest Invalid When Grounds Not Communicated to Accused: SC

November 2, 2025 414 Views 0 comment Print

Supreme Court held that informing an arrestee’s spouse or recording diary entries is no substitute for directly informing the accused of grounds of arrest.

Debtor’s Unilateral Write-Off Isn’t Cessation of Liability: ITAT Delhi

October 22, 2025 723 Views 0 comment Print

ITAT Delhi ruled in Gurmeet Singh Sethi Vs ITO that an addition under Section 41(1) of Income Tax Act cannot be made solely based on a debtor’s unilateral write-off of sundry creditors without confirmation from creditors.

Liability Written Back Already Taxed – Double Taxation Unsustainable – ITAT Kolkata Deletes 41(1) Addition

August 30, 2025 651 Views 0 comment Print

The ITAT Kolkata deleted an addition under Section 41(1) of the Income Tax Act, ruling that a written-back liability already taxed cannot be subjected to double taxation.

Waiver of loan amount cannot be brought to tax u/s. 41(1): ITAT Chennai

June 5, 2025 921 Views 0 comment Print

ITAT Chennai held that waiver of amount of loan, whether principal or interest component, cannot be brought to tax under section 41(1) of the Income Tax Act. Accordingly, appeal of assessee allowed and addition directed to be deleted.

Addition for unverified creditors under Section 41(1) not automatic: ITAT Kolkata

March 15, 2025 1485 Views 0 comment Print

ITAT Kolkata partly allows Utpal Sarkar’s appeal against DCIT, addressing bogus sundry creditors and inter-unit transactions. Case remanded for further verification.

Applicability of Sections 41(1) & 68 on Lease and Booking Advances as Ceased Liabilities – ITAT Ruling

March 2, 2025 900 Views 0 comment Print

ITAT Nagpur rules in ITO Vs N. Kumar Housing, addressing ₹5.2 crore addition under Sections 41(1) and 68. Liability cessation and unexplained cash credits analyzed.

Section 41(1): ITAT deletes addition as Assessee submit evidence of non-Cessation Liabilities

January 23, 2025 1230 Views 0 comment Print

ITAT Kolkata upholds CIT(A)’s decision to delete ₹3.92 crore additions under Section 41(1), ruling no cessation of liabilities in AY 2014–15 for Shreekrishan Goswami.

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