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

December 29, 2024 552 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 7116 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 429 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 1326 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 819 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 1905 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 1125 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)

Section 41(1) Addition Not Permissible Solely Due to Lapse of Limitation Period: ITAT Mumbai

March 23, 2024 1812 Views 0 comment Print

ITAT Mumbai rules in favor of Ecokrin Hygiene Pvt. Ltd., deleting additions under section 41(1) of the Income Tax Act solely based on the expiration of the limitation period.

Section 16(4): Will Delayed filing of return cost availability of ITC to Defaulters?

March 2, 2024 8964 Views 0 comment Print

Explore the critical implications of Section 16(4) of the CGST Act, 2017 on taxpayers’ Input Tax Credit (ITC) eligibility and the consequences of delayed return filings.

Old provisions of section 148 including TOLA cannot be applied to new regime: Calcutta HC

February 20, 2024 4395 Views 0 comment Print

Calcutta High Court held that the provisions of old regime of Section 148 of the Income Tax Act (including TOLA) cannot be applied to new regime applicable from 01.04.2021. Accordingly, impugned notices quashed being barred by limitation.

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