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Section 41

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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 4323 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 1320 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 1173 Views 0 comment Print


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

March 23, 2024 1854 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 9069 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 4455 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.

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

February 15, 2024 1185 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 561 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 2157 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 1020 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 8304 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 2544 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 2598 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.

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