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2015 (11) TMI 1004 - SUPREME COURT

2015 (11) TMI 1004 - SUPREME COURT - [2015] 379 ITR 326 (SC) - Principal requirement for the applicability of Section 41 - whether the assessee must obtain a benefit in respect of a trading liability by way of a remission or cessation thereof? - Held that:- The assessee had not been granted the benefit of the said cessation for the Assessment Years in question, the High Court [2010 (6) TMI 18 - BOMBAY HIGH COURT] has rightly held that one of the requirements for the applicability of Section 41(1 .....

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r. Adv. Mr. Niraj Sheth, Adv. Mr. Rustom B. Hathikhanawala, Adv ORDER By the impugned judgment dated 10.06.2010, the Division Bench of the Bombay High Court has decided the following issue in favour of the respondent-assessee herein: - "Whether on the facts and in the circumstances of the case and in law, the Hon'ble High Court erred in holding that since the assessee's payment to SICOM had not been accepted by Sales Tax Authorities, the same cannot be held to be a remission/cessati .....

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the State Government. Under the aforesaid scheme, the assessee was entitled to pay the sales tax so collected in five equal installments starting from April 20, 2010. In the return filed by the assessee, the deduction towards the sales tax was claimed. The Assessing Officer, however, disallowed the same while applying the provisions of Section 41(1)(a) of the Income Tax Act, 1961 (hereinafter referred to as 'Act') on the ground that the said sales tax had not been remitted to the State G .....

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cessation thereof. He argued that in the present case, there was no cessation of the liability of the assessee in respect of the payment of the sales tax dues and even if there was such a cessation, no benefit was obtained by the assessee. This contention was supported by the fact that the issue pertaining to the sales tax liability was decided by the Sales Tax Tribunal by its judgment dated 08.02.2008 and the Tribunal has specifically upheld the decision of the assessing authorities declining t .....

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