2026 (2) TMI 358 - AT - Income Tax

Bogus creditors and cessation of liability under Section 41(1): addition deleted where trading results and prior acceptance supported creditors.

Addition framed as cessation of liability for alleged bogus sundry creditors was disallowed where the assessing officer accepted the assessee's trading ... Non-existent/ bogus creditors - addition u/s 41(1) as cessation of liability - Addition on account of sundry creditors alleged as bogus - making enquiries on sample basis based on which it was concluded that total creditors, 29.24% of the creditors are not verifiable - HELD THAT:- We find that AO has not doubted the trading results and accepted the increase in purchases and sale thus, consequent increase in the amount of Sundry creditors and further, looking to the facts that in preceding years also, the creditors were accepted in the assessment order passed u/s 143(3) of the Act, no addition is required to be made u/s 41(1) towards cessation of liability. Our view is further supported by various judgements of hon’ble Supreme court and various hon’ble High Courts as stated herein above. Therefore, the addition made by the AO as cessation of liability cannot be made Accordingly, the same is hereby, deleted. Decided in favour of assessee. Issues: Whether the addition of Rs. 5,00,70,049/- made by the Assessing Officer u/s 41(1) of the Income-tax Act, 1961 by applying a 29.24% ad-hoc/estimated percentage (derived from sample inquiries) to total sundry creditors is sustainable.Analysis: The Tribunal examined whether the requisites of section 41(1) were established - namely, existence of trading liability and subsequent remission or cessation of such liability in the year under consideration. It noted that the assessee consistently recorded the sundry creditors in audited books, preceding assessment years accepted the creditors and purchases, and many creditors were repaid in subsequent years. The addition was founded on the AO's sample inquiries: notices to 207 of 680 creditors, of which 63 (amounting to Rs. 1,46,72,415/-) did not respond or were untraceable, and the AO extrapolated that 29.24% to the entire creditor book to compute the addition. The Tribunal reviewed precedent and principles that section 41(1) requires actual remission/cessation or an obtained benefit and does not permit arbitrary or ad-hoc estimation; mere absence of PAN or confirmation or non-response on sample basis does not by itself prove cessation. The Tribunal further observed that where trading results, purchases and sales are accepted and liabilities are recorded and later discharged, AO must establish cessation in the relevant year and cannot proceed on presumption drawn from a sample to make an adhoc percentage addition.Conclusion: The ad-hoc/estimated addition of Rs. 5,00,70,049/- under section 41(1) based on sample-derived percentage is not sustainable and is deleted; grounds relating to the addition are allowed in favour of the assessee.