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2013 (4) TMI 313 - AT - Income TaxProfits chargeable to tax - Addition u/s. 41(1) of waiver interest portion - Assessment was completed u/s. 144 - Held that - In view of the judgement of CIT v. T.V. Sundaram Iyengar & Sons Ltd. 1996 (9) TMI 1 - SUPREME COURT and the provisions of section 28(iv) for attracting provisions of section 41(1), the first requisite condition to be satisfied is that the assessee should have got deduction or benefit of allowance in respect of loss, expenditure or trading liability by way of remission or cessation thereof. The remission would become income only if the assessee has claimed deduction in respect of expenditure or trading liability. Being so, the CIT(A) is required to examine the issue afresh in the light of above observations. The issue is remitted back to the file of the CIT(A) for fresh consideration. Addition u/s.68 - the assessee has not furnished requisite information - Held that - As the assessee submitted that this a running account the assessee having with M/s. Sreem Remedy Hospital and submitted that the account could be reconciled if one more opportunity is given to the assessee. Accordingly the issue remitted back to the file of the CIT(A) for fresh consideration - appeal of the assessee is partly allowed for statistical purpose.
Issues involved:
1. Appeal against CIT(A) order. 2. Addition u/s. 41(1) of the IT Act. 3. Addition u/s. 68 of the IT Act. 4. Disallowance of loss on sale of assets. Analysis: 1. Appeal against CIT(A) order: The appeal was filed against the order of the CIT(A)-IV, Hyderabad dated 30.03.2012. The CIT(A) had upheld the addition u/s. 41(1) of the IT Act to an extent of Rs. 1,81,45,428 and confirmed an addition of Rs. 15,93,967 made u/s. 68 of the IT Act. The CIT(A) dismissed the disallowance of loss on sale of assets at Rs. 81,34,259 as it was not pressed before the CIT(A). The assessee objected to the addition towards waiver of interest portion at Rs. 1,81,45,428, claiming that the interest waiver was not claimed as expenditure or trading liability in any earlier years. 2. Addition u/s. 41(1) of the IT Act: The Assessing Officer made an addition based on a one-time settlement of liability with a bank, where the waiver amount was bifurcated into principal and interest portions. The CIT(A) deleted other additions and sustained only the waiver interest portion u/s. 41(1) of the Act. However, the ITAT observed that the principal amount did not attract provisions of section 41(1) and remitted the issue back to the CIT(A) for fresh consideration based on legal precedents and provisions. 3. Addition u/s. 68 of the IT Act: The Assessing Officer made an addition towards an unsecured loan reflected in the Balance Sheet u/s. 68 of the Act. The CIT(A) sustained this addition as the assessee failed to furnish full details of the loan. The ITAT, upon the request of the assessee's counsel, remitted the issue back to the CIT(A) for fresh consideration, allowing the account to be reconciled. 4. Disallowance of loss on sale of assets: The ground regarding the disallowance of loss on the sale of assets was not pressed before the CIT(A) and was dismissed accordingly. The ITAT partly allowed the appeal for statistical purposes, remitting certain issues back to the CIT(A) for fresh consideration. This detailed analysis covers the various grounds raised by the assessee in the appeal and the subsequent decisions and directions provided by the ITAT regarding the additions made under different sections of the IT Act.
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