Dismissing the appeal of the Revenue the Court held that the creditors had given a written reply in response to the summons reiterating their liability as also the fact that the assessee had settled some of the creditors even after March 31, 2001. The duty on the Assessing Officer is to prove that the liability has ceased to exist which he had failed to do.(AY.2001-02)
PCIT v. Soorajmul Nagarmull (2022) 145 taxmann.com 245 (2023) 457 ITR 470 / 335 CTR 832/ 226 DTR 265(Cal)(HC)
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-No evidence of cessation of Liability-Order of Tribunal is affirmed.