#Section 41
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No section 41(1) addition if liability not stood remitted or ceased

Mere outstanding for long time not amounts to cessation of liability

Remission/cessation of liability by BIFR cannot be taxed under Income Tax Act

AO cannot treat trading liabilities as unproved on presumptions

Impact of Waiver of Loan or Liability on Depreciation Claim

Section 41(1) addition merely based upon conjectures & surmises was not sustainable

If AO made addition on estimated GP basis than other item-wise disallowance should not be made

Cessation’ of liability cannot be claimed by AO if proceedings for recovery pending against Assessee

Waiver of Loan And Its Consequent Tax Implications

No Section 41(1) addition for unexplained purchases if amount shown as payable in balance sheet

Section 41(1) cannot be applied to bogus & non-existent liability

Section 41(1) not applicable to Advance for bookings not claimed as allowance or deduction

Non refundable amount received in the course of Business can be treated as Income

Section 41(1) No Addition without evidence of cessation of trading liability
Explore the latest Section 41 updates on TaxGuru, including relevant Income-tax Act provisions, rules, notifications, circulars, judicial decisions and compliance guidance. The coverage highlights important tax positions, procedural requirements, assessments, deductions, penalties and litigation developments to help taxpayers and professionals understand the practical implications of changes in income-tax law.
