| COURT: | ITAT Delhi |
| CORAM: | G. C. Gupta (VP), Inturi Rama Rao (AM) |
| SECTION(S): | 41(1), 68 |
| GENRE: | Domestic Tax |
| CATCH WORDS: | cessation, remission, unclaimed liabilities |
| COUNSEL: | S. M. Mathur |
| DATE: | April 22, 2015 (Date of pronouncement) |
| DATE: | July 27, 2015 (Date of publication) |
| AY: | 2007-08 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 41(1)/ 68: Unclaimed liabilities to creditors, even if fictitious and bogus, cannot be assessed u/s 41(1) in the absence of a write-back. The bogus credits can be assessed u/s 68 only in the year the credits were made and not in the year they are found to be not payable | |
Applying the ratio in the cases mentioned supra, the amount in question cannot be brought to tax in the year under appeal under the provisions of Section 41(1) of the Act. It is trite law that an addition under Section 68 can be made only in the year in which credit was made to the account of the creditors in the books of account maintained. Admittedly, in this case the credit to the account of creditors was made in the earlier years and therefore, the amount even cannot be brought to tax under Section 68 in the year under appeal. However, it is open to the Department to levy tax on such amount by resorting to the remedies available under the provisions of Act by duly following the procedure known to the law
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