M/S. SAHA TEXTILE,KOLKATA vs. DCIT, CIRCLE 49(1),, KOLKATA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the addition was wrongly made as the income was already offered to tax by the assessee. It further noted that the AO/CPC made the addition while processing the return, leading to double taxation.
What were the facts?
The assessee appealed against the order of the CIT(A) upholding an addition made by the AO under Section 41 for cessation of trade liability. The assessee had initially included this amount in its income in the return.
What were the issues?
Whether the addition made by the AO under Section 41 was justified when the income was already offered to tax by the assessee, leading to double taxation?
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D” BENCH, KOLKATA
(Assessment Year:2021-22) DCIT, Circle-49(1) M/s Saha Textile Aaykar Bhavan, 29, KB Bose road, Uttarapan Complex, Kolkata-700124, Ultadanga Maniktala Civic Vs. West Bengal Centre, Kolkata-700054, West Bengal (Appellant) (Respondent) PAN No. ABYFS8639J Assessee by : Shri S.K. Pransukha, AR Revenue by : Shri S.B. Chakraborthy, DR Date of hearing: 19.05.2025 Date of pronouncement: 22.07.2025 O R D E R Per Rajesh Kumar, AM:
This is an appeal preferred by the assessee against the order of the Commissioner of Income-tax (Appeals) (hereinafter referred to as the “Ld. CIT(A)”] dated 29.10.2024 for the AY 2021-22.
At the outset, we observe from the appeal folder that the appeal is delayed by 63 days by the assessee for which the condonation petition along with affidavit is filed before us. After hearing both the sides and perusing the contents of the affidavit, we are inclined to condone the delay by considering the reasons for delay to be bonafide and genuine.
The issue raised is against the order of ld. CIT (A) upholding the confirmation of addition of ₹1,29,871/- as made by the AO u/s 41 of the Act being cessation of trade liability.
In the result, the appeal of the assessee is allowed.
Order pronounced in the open court on 22.07.2025.
More judgments on Section 41
- Cummins India Limited, Pune vs The Assessment Unit, Income Tax Department…ITA 2628/PUN/2024[2021-22]Status: Disposed28 Sept 2026AY 2021-22
- Cummins India Limited, Pune vs The Assessment Unit, Income Tax Department…ITA 1786/PUN/2024[2020-21]Status: Disposed28 Sept 2026AY 2020-21
- Manish Kumar Golechha, Barmer vs ITO, BalotraITA 1025/JODH/2025[2018-19]Status: Disposed22 Sept 2026AY 2018-19
- M/S. Marlabs Innovations Private Limited… vs Deputy Commissioner of Income Tax…ITTPA 1809/BANG/2024[2020-21]Status: Disposed11 Sept 2026AY 2020-21
- Bg Exploration & Production India Limited… vs Deputy Commissioner of Income Tax, DehradunITA 133/DDN/2026[2019-20]Status: Disposed14 Aug 2026AY 2019-20
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