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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 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


Strategic Insights into Section 41: with easy to understand examples

December 16, 2023 7089 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 1002 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 1659 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.

Unabsorbed depreciation of A.Y.s 1997-98 to 2000-01 can be carried forward and set off without any limit

November 21, 2023 1341 Views 0 comment Print

The present appeal has been filed by the revenue against order passed by the CIT(A) challenging action of CIT(A) in allowing carry forward of unabsorbed depreciation of Rs. 19,89,09,661/- pertaining to A.Y.s 1997-98 to 2000-01 for set off without any time limit.

Arrest illegal as grounds of arrest not conveyed in writing

November 6, 2023 1329 Views 0 comment Print

Punjab and Haryana High Court held that non-conveying of grounds of arrest in writing is not sufficient compliance of the provisions of Section 19 of the PMLA and Article 22 of the Constitution of India. Accordingly, arrest of the present petitioner illegal and cannot be sustained.

Writ not entertained as petitioner chose not to reply to notice and not to appear for hearing

November 4, 2023 1179 Views 0 comment Print

Kerala High Court held that as petitioner failed to reply to the show cause notice and failed to attend the hearing. Thus, petitioner chose not to provide any evidence in respect of his claim of input tax credit. Hence, writ not entertained.

Jharkhand VAT Act: No Reassessment of Reassessment Orders Allowed

October 26, 2023 852 Views 0 comment Print

Jharkhand High Court held that Jharkhand Value Added Tax Act, 2005 [JVAT Act] doesn’t have any provision for initiation of re-assessment proceedings against a re-assessment order. In case assessing authority is allowed to initiate repeated re-assessment proceeding merely on dictate of audit party there would be no finality of assessment.

No addition u/s 41 for opening balance of trade payables in absence of verification of parties

October 25, 2023 1620 Views 0 comment Print

AO without bringing any material or reasons before making any addition, simply added back the opening balances of the trade payables without making any verification from the parties and he had failed to discharge the preliminary onus and had made the addition in summary manners, therefore, CIT(A) had committed no error in deleting the addition made u/s 41.

Recourse to section 166A of the Code without following procedure prescribed u/s 155(2) is unsustainable

October 19, 2023 2166 Views 0 comment Print

Bombay High Court held that taking recourse to the provisions of Section 166A of the Code of Criminal Procedure, 1973 for issuance of the Letter of Rogatory by the Magistrate without following procedure prescribed under section 155(2) cannot be sustained and deserved to be quashed.

Circular 36/2010 Customs dated 23.09.2010 is ultra vires of section 149 of Customs Act

September 25, 2023 8511 Views 0 comment Print

Bombay High Court held that Para 3(a) of Circular No. 36/2010 Customs dated 23.09.2010 imposing time limits for amending shipping bills is ultra vires of Section 149 of the Customs Act, 1962.

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