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TMI Blog2019 (2) TMI 1585X X X X Extracts X X X X X X X X Extracts X X X X ..... D/R ORDER PER J. SUDHAKAR REDDY, AM :- This appeal filed by the revenue is directed against the order of the Learned Commissioner of Income Tax -4, Kolkata, (hereinafter the "ld.CIT(A)"), passed u/s. 250 of the Income Tax Act, 1961 (the 'Act'), dt. 21/12/2015, for the Assessment Year 2012- 13. 2. After hearing rival contentions, we find that the Assessing Officer in this case has made an addit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t there was no deduction claimed in any of the earlier years as per the provisions of section 41 (1) of the Act. When there was no such claim made, then, there was no question of invoking the provision of section 41 (1). Considering the facts of the matter, I do agree with the AR that when there was no claim of deduction in the matter in any earlier year, then the disallowance u/s 41 (1) could not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 41 (1) of the Act would not be operational in the facts and circumstances. The AO has not made a finding with any material evidence that the appellant has written off the liability in its books. Taking a holistic view in the matter at hand and after considering the entire spectrum of the issue, I am not inclined to endorse the action of the AO in making the impugned addition when the liability sti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essation thereof, the amount obtained by such person or the value of benefit accruing to him shall be deemed to be profits and gains of business or profession and accordingly chargeable to income-tax as the income of that previous year, whether the business or profession in respect of which the allowance or deduction has been made is in existence in that year or not; or b. the successor in busin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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