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of <h1>Court rules mobilization advance not taxable income, but an advance for future billing. Outstanding liability not ceased, not income addition.</h1> <h3>Deputy Commissioner of Income Tax, Circle 11 (1), Versus Five Star Construction P. Ltd.,</h3> Deputy Commissioner of Income Tax, Circle 11 (1), Versus Five Star Construction P. Ltd., - TMI Issues:1. Addition of mobilization advance as income.2. Treatment of outstanding liability under Section 41(1) of the IT Act.Analysis:1. The first issue pertains to the addition of mobilization advance as income. The Assessing Officer observed that the assessee had received mobilization advances from a company and treated it as income, bringing it to taxation. However, the assessee contended that the advance was related to work done and was subject to adjustment in final billings. The CIT (A) requested further evidence, including a letter of intent and account details. It was found that the advance was part of the contract value and was being adjusted against running bills. The CIT (A) concluded that the advance was not income but an advance for mobilizing resources, to be adjusted against future billing. The Tribunal upheld this decision, stating that the advance was not a contract receipt but a mobilization amount, not liable for taxation.2. The second issue involves the treatment of an outstanding liability under Section 41(1) of the IT Act. The Assessing Officer considered a certain liability as ceased and added it to the income. The CIT (A) disagreed, noting that the liability was still acknowledged in the company's accounts. The Tribunal concurred, stating that the liability was not ceased as it was reflected in the balance sheet and was not written back. Therefore, Section 41(1) did not apply, and the addition was deleted. The appeal by the revenue was dismissed, upholding the CIT (A)'s decision on both issues.
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