2018 (4) TMI 623 - AT - Income Tax

Addition u/s. 41(1) being loan taken - Held that - The said liability has been appearing in the balance sheet of the assessee. The assessee has not written off the same as irrecoverable. Confirmation from the party has also been produced. Furthermore, it has been brought on record that the amount involved was a loan taken for acquisition of fixed assets and it was not on account of trading account. Hence, it is clear that the authorities below had not given any finding that for this amount any allowance or deduction has been made in the earlier year in respect of loss, expenditure of trading liability. These are the prerequisites for invoking section 41(1). As find that the assessee s submissions are correct inasmuch as neither the amount involved was coming under the definition of items liable to be taxed u/s. 41(1) nor it has been cogently proved that there was any cessation thereof. - Decided in favour of the assessee.

Summary

Issues:
Confirmation of addition under section 41(1) for a loan taken.

Analysis:
The case involved an appeal against the Commissioner of Income Tax (Appeals) order confirming the addition of ?7,50,000 under section 41(1) for a loan taken. The Assessing Officer observed that the amount shown as liability towards a company was not reflected in the company's books, leading to the conclusion that it was no longer payable. The appellant argued that the amount was borrowed for purchasing gym equipment, not claimed as loss or expenditure in previous years, and was mistakenly categorized as sundry creditors instead of loans and advances. The appellant also provided confirmation from the lending company. However, the Commissioner of Income Tax (Appeals) upheld the addition, stating that the amount was not proven to be a loan and the company's books did not reflect the liability. The appellant then appealed to the ITAT.

Upon review, the ITAT noted that the liability was shown in the appellant's balance sheet, not treated as irrecoverable, and was related to acquiring fixed assets, not trading activities. The ITAT found that the authorities did not establish any allowance or deduction made in previous years for the amount, a prerequisite for invoking section 41(1). As such, the ITAT accepted the appellant's arguments, stating that the amount did not fall under the definition of items taxable under section 41(1) and there was no proof of cessation of the liability. Consequently, the ITAT set aside the lower authorities' orders and ruled in favor of the appellant, allowing the appeal.