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Issues Involved:
1. Confirmation of addition of Rs. 68,56,871 u/s 41(1) of IT Act, 1961. Summary: Issue 1: Confirmation of addition of Rs. 68,56,871 u/s 41(1) of IT Act, 1961 The assessee, a limited company engaged in trading of cloth, filed a return for the assessment year 1991-92 declaring a loss of Rs. 76,25,086. The AO noticed sundry creditors amounting to Rs. 1,32,60,255 as of 31st March 1991 and questioned the assessee regarding these liabilities, suggesting they should be treated as ceased liabilities u/s 41(1) of the Act. The assessee argued that there was no remission or cessation of any trading liability and cited various case laws to support their position, including Bombay Dyeing & Mfg. Co. Ltd. vs. State of Bombay and CIT vs. Kutappu & Sons. The AO, however, found that part of the liabilities were paid in subsequent years and part were sub judice, leading to an addition of Rs. 68,56,871 as deemed income u/s 41(1). The CIT(A) upheld this addition, stating that the liabilities ceased to exist and the assessee benefited from this amount. The Tribunal considered whether the AO's action for treating cessation of liabilities was correct and whether the year under consideration was the correct year for cessation. It was noted that the AO admitted these liabilities were carried forward from the last 10 to 15 years, and there was no cogent reason or material evidence to support that these liabilities ceased in the year under consideration. The Tribunal referenced the Full Bench decision in CIT vs. Bharat Iron & Steel Industries, which emphasized that the obtaining of an amount or benefit by way of remission or cessation is necessary for the application of s. 41(1). The Tribunal concluded that the Revenue did not discharge the onus of proving the cessation of liabilities in the year under consideration. Consequently, the orders of the Revenue authorities were set aside, and the addition of Rs. 68,58,871 made u/s 41(1) of the Act was deleted. Result: The appeal of the assessee was allowed.
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