V.R. Swaminathan v. ITO (2019) 267 Taxman 208/ 184 DTR 1/(2020) 313 CTR 738 (Mad.)(HC)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability – Matter remanded to the AO consider the evidences and pass the order. [S. 260A]

AO made certain addition to assessee’s income under S. 41(1) of the Act in respect of amount payable to trade creditors.   Tribunal confirmed said addition. On appeal the Court remanded  matter back to AO to make fresh assessment after giving due and reasonable opportunity of hearing to assessee to adduce reasonable evidence in said regard. (AY. 2001-02)