ACIT v. Milroc Good Earth Property & Development LLP (2022) 217 TTJ 52 (UO)/ 142 taxmann.com 149 (Panaji)(Trib)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Outstanding liability-Addition is not justified.

During year the assessee showed an outstanding liability in its books of account. Assessing Officer held that assessee had failed to substantiate existence of such outstanding liability, thus, he treated same as ceased liability under section 41(1) and added it to income. Tribunal held that   Assessing Officer had though pointed out that there was a cessation of liability but had failed to place on record any material which would irrefutably evidence that such cessation had taken place during relevant assessment year and as a result thereof, consequential benefit by way of remission or cessation was obtained by assessee during year itself.Addition was deleted. (AY.  2013-14)