Tribunal remanded the issue of addition made u/s. 41(1) of the Act to the file of the Assessing Officer. On appeal the High court held that the Assessing Officer had computed the undisclosed income and had made additions accordingly for the block period. The assessee ought to have rebutted the assessment by giving cogent and reliable evidence, which it failed to do. Therefore, the assessee could not contend that based on the books of account furnished by it the Assessing Officer had made the additions. Further, the liabilities were shown in the books of account as outstanding credits and they were not written back by the assessee and hence, the Tribunal had rightly restored the addition made by the Assessing Officer as undisclosed income under section 41(1). No question of law arose. (AY.1997-98 to 2002-03)
Keld Ellentoft India Pvt. Ltd. v. ACIT (2022) 441 ITR 506 / 212 DTR 186 / 326 CTR 660 (Mad.)(HC)
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Matter remanded to the Assessing Officer-No question of law. [S. 158BC, 158BD, 254(1), 260A]