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    <title>2005 (7) TMI 308 - ITAT JAIPUR</title>
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    <description>The Tribunal upheld the CIT(A)&#039;s decision to delete the addition under section 41(1) of the IT Act, 1961 for the assessment year 1996-97. It ruled that the unilateral write-back by the assessee did not result in a benefit obtained, as required by the section, and cited legal precedents to support this view. The Tribunal distinguished the case from a Supreme Court judgment referenced by the AO, emphasizing that the credits were not intended to be treated as the assessee&#039;s own money. Additionally, it noted the prospective application of Explanation 1 in section 41(1) from 1997-98 onwards, supporting the deletion of the addition.</description>
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    <pubDate>Wed, 27 Jul 2005 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=68000</link>
      <description>The Tribunal upheld the CIT(A)&#039;s decision to delete the addition under section 41(1) of the IT Act, 1961 for the assessment year 1996-97. It ruled that the unilateral write-back by the assessee did not result in a benefit obtained, as required by the section, and cited legal precedents to support this view. The Tribunal distinguished the case from a Supreme Court judgment referenced by the AO, emphasizing that the credits were not intended to be treated as the assessee&#039;s own money. Additionally, it noted the prospective application of Explanation 1 in section 41(1) from 1997-98 onwards, supporting the deletion of the addition.</description>
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