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2018 (7) TMI 2063 - ITAT KOLKATACessation of liability u/s 41(1)(a) - HELD THAT:- Hon'ble Gujarat high court’s judgment in CIT vs. Nitin S Garg [2012 (5) TMI 30 - GUJARAT HIGH COURT] has placed reliance on much a celebrate judgment of hon'ble apex court in CIT vs. Sugauli Sugar Works (P) Ltd. [1999 (2) TMI 5 - SUPREME COURT] to hold that the mere fact of a liability having continued to be shown for very many years would not attract section 41(1) since it is for the AO has who has to show that concerned assessee has drawn any benefit by way of cessation or remission thereof. CIT(A)’s above extracted detailed discussion has examined all the facts as well as the relevant legal position at length which has nowhere been rebutted from the Revenue side. We therefore conclude that the CIT(A) has rightly reversed the assessment findings holding the amount in question of to be a case of cessation of liability u/s 41(1) of the Act - Decided against revenue.
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