9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (5) TMI 121 - AT - Income TaxAddition u/s 41 - cessation of the liability - disallowance of credit entries from the parties - HELD THAT - Liability continue to exist as on the close of the financial year 2011-12 as evidence by the fact that the permission to remit the money has been sought and granted by the RBI on 4/8/2015 and thereafter, the assessee had again applied for permission to remit on 19/8/2016. The fact that the payment has still not been made cannot be sole reason as reflective of remission or cessation of the said liability as there could be other financial constraints for not making the payment in time. The fact remains that the liability continue to exist and remain payable and the assessee continue to reflect the same as payable in its books of accounts as on close of the financial year 2011-12 and in view of the same, there is no basis for making the addition u/s 41(1) and the findings of the ld CIT(A) are hereby confirmed. Regarding amount of ₹ 1,20,54,761/-, the ld CIT(A) has returned a finding based on perusal of profit and loss account and return of income for A.Y 2017-18, that the assessee has written back the creditors in A.Y 2017-18 which indicates that the assessee was recognizing such liabilities till A.Y 2017-18. Revenue has not brought any evidence on record which suggests that liability in respect of these creditors have ceased to exist during the financial year relevant to impugned assessment year 2012-13. Where liabilities continue to exist and reflected in the assessee s books of accounts, there is no basis to bring the same to tax u/s 41(1) of the Act. Further, in the A.Y 2017-18, where such liabilities have been written back in the books of accounts, the same have already been offered to tax by the assessee in his return of income. - Decided in favour of assessee.
Issues Involved:
1. Deletion of addition made by the AO under Section 41(1) of the Income Tax Act, 1961 concerning unpaid amounts to M/s Sky Gems and M/s AR Gems. 2. Deletion of addition of ?1,20,54,761/- made by the AO under Section 41(1) of the Income Tax Act, 1961, which the assessee wrote off in a subsequent year. Detailed Analysis: 1. Deletion of Addition under Section 41(1) for M/s Sky Gems and M/s AR Gems: The Revenue challenged the deletion of additions made by the Assessing Officer (AO) under Section 41(1) of the Income Tax Act, 1961, concerning unpaid amounts to M/s Sky Gems (?92,19,355) and M/s AR Gems (?21,61,250). The AO contended that these liabilities had ceased to exist during the Financial Year (FY) 2011-12, as the assessee did not make payments despite obtaining RBI approval for remittance. Assessee's Argument: The assessee argued that the liabilities were still recognized in the books of accounts, and there was no remission or cessation of these liabilities. They provided evidence of ongoing efforts to remit the amounts, including obtaining RBI approvals on 04.08.2015 and 19.08.2016, and subsequent applications for revalidation. CIT(A)'s Findings: - The CIT(A) found that the assessee continued to recognize these liabilities in their books and had not written them off. - The CIT(A) noted that the AO did not provide specific findings or evidence that the liabilities had ceased to exist. - The CIT(A) concluded that the mere fact that the liabilities were outstanding for a long period could not be the basis for addition under Section 41(1). Tribunal's Decision: The Tribunal upheld the CIT(A)'s decision, agreeing that the liabilities continued to exist and were recognized in the books of accounts. The Tribunal emphasized that the AO failed to provide positive evidence of cessation of liability and that the outstanding amounts were due to financial constraints rather than cessation. 2. Deletion of Addition of ?1,20,54,761/- Written Off in Subsequent Year: The Revenue also challenged the deletion of an addition of ?1,20,54,761/- made by the AO under Section 41(1), which the assessee wrote off in FY 2016-17. Assessee's Argument: The assessee contended that the liabilities were written off in FY 2016-17 and offered for tax in Assessment Year (AY) 2017-18. They argued that these liabilities were still recognized in the books until AY 2017-18, and the addition in the current year would result in double taxation. CIT(A)'s Findings: - The CIT(A) observed that the liabilities were written off and offered for tax in AY 2017-18, indicating that the assessee recognized these liabilities until then. - The CIT(A) noted that the AO did not provide evidence that the liabilities ceased to exist during FY 2011-12. - The CIT(A) concluded that there was no basis for the addition under Section 41(1) for the current year. Tribunal's Decision: The Tribunal affirmed the CIT(A)'s findings, noting that the liabilities were written off and taxed in AY 2017-18. The Tribunal found no evidence from the Revenue to suggest that the liabilities ceased to exist during FY 2011-12. The Tribunal agreed that recognizing these liabilities until AY 2017-18 and taxing them in the current year would result in double addition. Conclusion: The Tribunal upheld the CIT(A)'s decision to delete the additions made by the AO under Section 41(1) of the Income Tax Act, 1961, for both the unpaid amounts to M/s Sky Gems and M/s AR Gems and the amount of ?1,20,54,761/- written off in a subsequent year. The Tribunal emphasized the need for positive evidence of cessation of liability and found no basis for the additions in the current year. The appeal of the assessee was allowed.
|
