9911796707
TMI Blog2015 (9) TMI 1661X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee is arising out of order of CIT(A), Kolkata in appeal no. 156/CIT(A)-XX/Wd-35(4)/2009-10/Kol dated 31-01-2014. Assessment was framed by ITO, Ward 35(4), Kolkata for assessment year 2007-08 u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') vide his order dated 30-11-2009. 2. The only issue raised by the assessee is against the order of CIT(A) confirming the addi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notices received back unserved with the postal remark 'not known' except in the case of Narayan Chandra Gorai, he confirmed Nil balance in the name of the assessee. The assessee was asked to give present whereabouts of the creditors or to produce them for verification but even after allowing opportunity to the assessee to get verified the same, they chose not to comply with the AO's notices. In su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 133(6) were issued by the AO. The AO found that in other cases, the notices received back un-served with the postal remarks 'Not Known', in the case of Narayan Chandra Gorai, he confirmed Nil balance in the name of the appellant. The appellant was asked to give present whereabouts of those creditors or to produce them for verification, however, even after allowing opportunities of the appellant to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he liability or liability has not ceased or remitted. In such circumstances, now I have to go to the provisions of section 41(1) of the Act and see the legal position. Section 41 (1) of the Act would apply in a case where there has been remission or cessation of liability during the year under consideration subject to the conditions contained in the statute being fulfilled. Additionally, such cess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such facts were established through bi-parte inquiries, the liability as it stands perhaps holds that there was no cessation or remission of liability and that, therefore, the amount in question cannot be added back as a deemed income under section 41(1) of the Act. Hence, I have no alternative except to delete the addition as made by AO and confirmed by CIT(A). I order accordingly. Appeal of ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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