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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


Bill of Entry Amendment Before Final Assessment Valid u/s 149 of Customs Act

February 15, 2024 1122 Views 0 comment Print

Read about CESTAT Ahmedabad ruling in Indian Farmers Fertiliser Co Operative Ltd Vs C.C. Kandla, allowing amendment on bill of entry u/s 149 of Customs Act before final assessment.

Arbitration Reference Doesn’t Bar Examination of Stamp Duty issues in Writ: Delhi HC

February 14, 2024 501 Views 0 comment Print

Delhi High Court clarifies that referring disputes to arbitration doesn’t prevent examination of stamp duty issues in writ petitions. Learn about the court’s stance on stamp duty in legal documents.

No Cessation of Liability u/s 41(1) as debt not written off in books

February 12, 2024 1968 Views 0 comment Print

ITAT Bangalore held that unless the debt has been written off in the books of accounts of both the assessees, it cannot be said that that cease to exist.

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

January 16, 2024 978 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 8181 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 2463 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 2496 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 6885 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 954 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 1608 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.

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