9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (10) TMI 533 - AT - Income TaxAddition on account of liabilities of sundry creditors as ceased to exist u/s 41(1) - Held that - For invoking the provisions of Section 41 there must be two conditions fulfilled (i) there should be cessation/remission of liability and (ii) it should be ceased during the previous years relevant to assessment year under consideration. Even when the amount remained unclaimed for considerable period but it remains to be payable then there is no cessation or remission of such liability. Further it is also not established that the assessee was not having intention to repay these liabilities. These liabilities were clearly reflected in the accounts of the assessee thus the assessee continued to acknowledge the liability payable by him. Therefore merely on the fact that the liability is outstanding for many years shall not amount to cessation or remission of the liability. Liabilities in question were subsisting during the relevant period and only because payments were not made against these liabilities therefore provisions of Section 41(1) of the Act - Decided in favour of assessee.
Issues Involved:
- Addition of ?43,66,283/- on account of alleged liabilities of sundry creditors under Section 41(1) of the Income Tax Act, 1961. Detailed Analysis: 1. Background and Assessee’s Appeal: The assessee, engaged in the business of trading precious and semi-precious stones, appealed against the order of the CIT(A)-I, Jaipur, which sustained an addition of ?43,66,283/- by the Assessing Officer (AO) under Section 41(1) of the Income Tax Act, 1961. The AO added back the liabilities of sundry creditors considering them as having ceased to exist during the year under consideration. 2. AO’s Observations and Actions: The AO noted that the assessee showed sundry creditors amounting to ?87,50,051/- as of 31.03.2012. The assessee failed to file confirmations from five creditors amounting to ?46,24,283/-. The AO issued notices under Section 133(6) to these parties, except M/s Hem Gems due to a lack of address. Only M/s Kings of Jewels responded, and the AO verified this credit. Consequently, the AO added the following outstanding liabilities: - M/s Coral Gems: ?19,96,783/- - M/s Hem Gems, Mumbai: ?20,50,500/- - M/s Priya Jewels: ?75,000/- - M/s United Gems India: ?2,44,000/- 3. CIT(A)’s Confirmation: The CIT(A) confirmed the addition made by the AO. The assessee then appealed to the ITAT. 4. Assessee’s Arguments: The assessee argued that Section 41(1) applies only when there is a remission or cessation of liability or unilateral write-back by the assessee. The mere non-response of creditors or return of notices does not imply cessation of liability. The assessee cited several judicial precedents to support their argument: - CIT Vs. Narendra Mohan Mathur: Non-response by creditors does not prove the liabilities have ceased. - PCIT Vs. Ramgopal Minerals: Creditors not traceable but genuineness of transactions proven. - CIT Vs. Alvares & Thomas: No cessation of liability without remission by the creditor or unilateral act by the assessee. - ITO Vs. Marcopolo Products Pvt. Ltd.: No addition if liabilities remain unclaimed but payable. - CIT Vs. G.K. Patel & Co.: Cessation of liability requires operation of law, contract, or discharge of debt. - CIT Vs. Shri Vardhaman Overseas Ltd.: Amounts outstanding for years without unilateral write-back cannot be taxed under Section 41(1). - CIT vs. Smt. Sita Devi Juneja: Outstanding liabilities in the balance sheet indicate acknowledgment of debt. 5. Specific Cases of Creditors: - M/s Coral Gems: Purchases made in FY 2001-02, with payments made in FY 2004-05, and an outstanding amount of ?19,96,783/-. A demand for payment was made in 2008, indicating the liability still existed. - M/s Priya Jewels: A proprietary concern of Govind Johari, with a new address provided. The AO accepted the liability of another concern of Johari, M/s King of Jewels, making it unreasonable to disbelieve the liability of M/s Priya Jewels. - M/s United Gems India: Purchases made in 2004 with partial payments in 2005, leaving an outstanding balance. - M/s Hem Gems: Similar circumstances as other creditors, indicating liabilities were subsisting. 6. Tribunal’s Findings: The Tribunal noted that the liabilities were reflected in the accounts year after year, indicating the assessee’s acknowledgment of these debts. The Tribunal emphasized that for Section 41(1) to apply, there must be a cessation or remission of liability during the relevant year. The mere fact that liabilities remained unpaid for several years does not constitute cessation or remission. The Tribunal cited the Supreme Court’s decision in CIT Vs Sugauli Sugar Works (P) Ltd., which held that unilateral entries by the assessee do not indicate cessation of liability. 7. Conclusion: The Tribunal concluded that the liabilities were subsisting and the provisions of Section 41(1) could not be invoked merely because the payments were not made. The Tribunal directed the deletion of the addition made by the AO. 8. Result: The appeal of the assessee was allowed. Order Pronouncement: The order was pronounced in the open court on 06/10/2017.
|
