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    <title>2014 (11) TMI 272 - KARNATAKA HIGH COURT</title>
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    <description>Deferred sales tax treated as deemed paid under a sales tax deferral scheme, and later discharged at net present value, did not give rise to taxable income under Section 41(1) of the Income-tax Act, 1961. Section 41(1) applies only where an allowance or deduction has earlier been made and the assessee subsequently obtains a benefit by remission or cessation of a trading liability. On the stated facts, the deferred amount was not income from business, and premature payment under the later scheme merely extinguished the liability without creating a taxable remission or cessation. The amount was therefore not liable to tax.</description>
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      <description>Deferred sales tax treated as deemed paid under a sales tax deferral scheme, and later discharged at net present value, did not give rise to taxable income under Section 41(1) of the Income-tax Act, 1961. Section 41(1) applies only where an allowance or deduction has earlier been made and the assessee subsequently obtains a benefit by remission or cessation of a trading liability. On the stated facts, the deferred amount was not income from business, and premature payment under the later scheme merely extinguished the liability without creating a taxable remission or cessation. The amount was therefore not liable to tax.</description>
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      <pubDate>Tue, 02 Sep 2014 00:00:00 +0530</pubDate>
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