https://www.taxtmi.com/caselaws?id=339750 The assessing officer added a liability of Rs. 33,02,000 back to the assessee's total income under section 41(1) of the Income Tax Act due to lack of confirmation. However, the CIT-A found the liability's genuineness not proven and directed the AO to establish its creation in the relevant year. The ITAT held that the AO lacked evidence to prove the liability ceased to exist, especially when the matter was sub judice, and confirmed the addition was unsustainable. Despite disagreeing with the CIT-A's reasoning, the ITAT dismissed the appeal, stating the assessing officer's decision to disallow the liability was unjustified. en-us Fri, 03 Mar 2017 00:00:00 +0530 Tue, 07 Mar 2017 09:46:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=339750 The assessing officer added a liability of Rs. 33,02,000 back to the assessee's total income under section 41(1) of the Income Tax Act due to lack of confirmation. However, the CIT-A found the liability's genuineness not proven and directed the AO to establish its creation in the relevant year. The ITAT held that the AO lacked evidence to prove the liability ceased to exist, especially when the matter was sub judice, and confirmed the addition was unsustainable. Despite disagreeing with the CIT-A's reasoning, the ITAT dismissed the appeal, stating the assessing officer's decision to disallow the liability was unjustified. Case-Laws Income Tax Fri, 03 Mar 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=339750