DCIT v. Adani Mining (P.) Ltd. (2024) 204 ITD 269 (Ahd)(Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Outstanding more than three years-Addition cannot be made-Order of CIT(A) is affirmed.

Assessing Officer held  that trading liability from which benefit arose to assessee was outstanding for more than 3 years and therefore, he added same to total income of assessee under provisions of section 41(1). CIT(A) deleted the addition.  On appeal the Tribunal held that  since assessee had continued to show liability in books of account as payable and there was no material on record which could suggest that parties had waived off right to recover such outstanding amount from assessee, addition made by Assessing Officer was rightly deleted by Commissioner (Appeals). (AY. 2013-14) 

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