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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


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

March 15, 2025 1545 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 957 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 1296 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.

ITAT Remands Case for Verification of Liability under Section 41(1)

December 29, 2024 618 Views 0 comment Print

ITAT Surat remands case to AO for verification of Rs. 15.71 Lakh liability under Section 41(1) due to lack of evidence of payment and TDS deduction.

No Sec 41(1) Addition for Non-Response from Creditors if Payments Made Later

October 9, 2024 7260 Views 0 comment Print

Analysis of Saket Agarwal Vs ITO case (ITAT Jaipur), focusing on the Rs. 3.17 Cr addition of unproved creditors and assessment under Section 41(1).

Only parties to arbitration proceedings can challenge an arbitral award: Delhi HC

July 26, 2024 477 Views 0 comment Print

Delhi High Court rules in Mukesh Udeshi vs Jindal Steel Power Ltd, emphasizing that only parties to arbitration proceedings can challenge an arbitral award.

No Section 41(1) addition if no remission or cessation of liability: ITAT Delhi

June 6, 2024 1392 Views 0 comment Print

ITAT Delhi rules against Section 41(1) addition when no cessation of liability occurs, directing cancellation of a demand in the case of Late Sh. Mahender Kumar Mittal vs. ITO.

Section 41(1) cannot be invoked without liability in books: ITAT Kolkata

May 27, 2024 861 Views 0 comment Print

Dive into the detailed analysis of Syama Prasad Mookerjee Port’s case against DCIT at ITAT Kolkata regarding Section 41(1) of the Income Tax Act. Understand why cessation of trading liability cannot be invoked without liability in books.

Drawback & ROSCTL Benefit Cannot be Denied for Procedural Lapse in circular

April 23, 2024 2019 Views 0 comment Print

Lovy International challenged rejection of Drawback to ROSCTL conversion. CESTAT Delhi ruled CBEC Circular time limit invalid. Detailed analysis here.

Sea Cargo Manifest and Transhipment (First Amendment) Regulations, 2024

March 28, 2024 1176 Views 0 comment Print

Stay updated with the latest amendment to the Sea Cargo Manifest and Transhipment Regulations, 2018 by the Central Board of Indirect Taxes and Customs (CBIC)

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