#Section 41
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162 articlesIncome Tax

Income Tax
If AO made addition on estimated GP basis than other item-wise disallowance should not be made
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Cessation’ of liability cannot be claimed by AO if proceedings for recovery pending against Assessee
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Waiver of Loan And Its Consequent Tax Implications
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No Section 41(1) addition for unexplained purchases if amount shown as payable in balance sheet
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Section 41(1) cannot be applied to bogus & non-existent liability
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Section 41(1) not applicable to Advance for bookings not claimed as allowance or deduction
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Non refundable amount received in the course of Business can be treated as Income
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Section 41(1) No Addition without evidence of cessation of trading liability
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Section 41(1) Not Applicable to Loan Waiver related to Capital Asset Purchase
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Section 41(1) addition cannot be made merely for non-confirmation by creditors
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Know-how under development is self-generated asset & hence no Capital Gain Tax
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Waiver of Working Capital Loan Taxable u/s 28(iv) and not u/s 41(1)
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Long outstanding liability cannot be treated as ceased liability & added back u/s 41(1)
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