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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 9069 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 7089 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 7074 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 19071 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 4326 Views 0 comment Print


Latest Judiciary


8% Profit Addition Deleted as Revenue cannot Change Consistent Accounting Method: ITAT Delhi

Income Tax : The ITAT Delhi held that the Revenue could not substitute the assessee's consistent method of revenue recognition with the Percent...

June 23, 2026 1323 Views 0 comment Print

Income Tax Refund Interest payable up to actual date of refund issuance: ITAT Delhi

Income Tax : The Tribunal held that interest under Section 244A must be computed up to the actual date of refund issuance. Restricting interest...

June 11, 2026 297 Views 0 comment Print

CPC had jurisdiction for audit-based adjustments, but double disallowance u/s 14A without hearing assessee was legally impermissible

Income Tax : Adjustment under section 143(1)(a)(iv) based on disallowance reported in Form 3CD was held to be within CPC's jurisdiction. Howeve...

June 5, 2026 162 Views 0 comment Print

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 420 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 315 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 1176 Views 0 comment Print


Loan Liability Not a Trading Liability: No Section 41(1) Addition

December 15, 2025 507 Views 0 comment Print

ITAT Delhi held that a loan used to repay a bank cannot be treated as a trading liability under section 41(1). Since no deduction was claimed earlier and no write-back occurred, the addition of ₹8.22 crore was rightly deleted.

Withdrawal of approval u/s. 10(23C)(vi) without corroborative evidence of personal benefit not justifiable

December 15, 2025 513 Views 0 comment Print

ITAT Jaipur held that withdrawing approval under section 10(23C)(vi) of the Income Tax Act not justified in absence of any corroborative evidence of personal benefit of trustees and misuse of funds. Accordingly, appeal allowed and registration u/s. 10(23C)(vi) restored.

SC Reaffirms Ashoka Marketing Position on Public Premises Act Supremacy

December 12, 2025 885 Views 0 comment Print

The Tribunal held that Section 69 additions based solely on pen-drive data and an employee’s statement from a third-party search could not be sustained. No corroboration or confrontation to the assessee was provided. The ruling confirms that unsupported electronic data cannot create taxable on-money additions.

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

November 21, 2025 423 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 834 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 753 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 453 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 810 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 714 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 1011 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.

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