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2015 (3) TMI 807 - HC - Income TaxCessation or remission of the liability - tribunal deleted the addition made under Section 41(1) - Held that - All the sundry creditors were shown in the return for the Assessment Year 2007-08 who were already shown as sundry creditors in the earlier Assessment Year 2006-07 and, therefore, as such, there was no remission or cessation of liability during the year under consideration and the Assessing Officer was not justified in making the addition under Section 41(1) of the Act. Thus relying upon the decision of this Court in the case of Commissioner of Income Tax Vs. Bhogilal Ramjibhai Atara (2014 (2) TMI 794 - GUJARAT HIGH COURT) when the learned tribunal has allowed the appeal and has deleted the addition of ₹ 31,82,258/- under Section 41(1) of the Act, it cannot be said that the learned tribunal has committed an error, which calls for the interference of this Court. - Decided against revenue.
Issues Involved:
1. Addition under Section 41(1) of the Income Tax Act for the Assessment Year 2007-08. Analysis: The appellant challenged the impugned judgment and order passed by the Income Tax Appellate Tribunal, which had allowed the appeal by the assessee and deleted the addition of Rs. 3,82,228 under Section 41(1) of the Income Tax Act. The revenue filed a Tax Appeal questioning whether the Tribunal erred in deleting the addition of Rs. 31,82,258 made under the same section. The assessee had initially declared a total income of Rs. 1,93,000 for the relevant assessment year, which was later scrutinized by the Assessing Officer. The AO found discrepancies in the sundry creditors shown by the assessee in the balance sheet amounting to Rs. 31,92,758. Despite requests for confirmation and proof, the assessee failed to provide the required documentation, leading the AO to issue a show-cause notice for adding the amount to the total income as a cessation of liabilities under Section 41(1). During the assessment proceedings, the AO called for further information under Section 133(6) from the creditors, but most responses were unserved except for one. Consequently, the AO added Rs. 31,82,258 under Section 41(1) of the Act, along with other additions totaling Rs. 49,98,197. The CIT(A) upheld the additions, prompting the assessee to appeal to the Tribunal, which partially allowed the appeal by deleting the Rs. 31,82,258 addition. The High Court, after considering the arguments and precedents, noted that all sundry creditors were previously shown in the return for the preceding assessment year, indicating no remission or cessation of liability during the relevant year. Relying on a previous decision, the Court held that the Tribunal's deletion of the addition under Section 41(1) was justified, and no substantial question of law arose in the appeal. Consequently, the Tax Appeal was dismissed.
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