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    <title>2019 (1) TMI 217 - ITAT DELHI</title>
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    <description>The Tribunal allowed the appeal of the assessee, holding that the addition under Section 41(1) was not sustainable. The Tribunal emphasized that the liabilities were continuously acknowledged in the balance sheet and that mere non-payment does not constitute cessation of liability under Section 41(1). The decision was based on the principle that the burden of proof lies on the AO to establish the cessation of liabilities. Consequently, the addition made by the AO and sustained by the CIT(A) was deleted.</description>
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      <title>2019 (1) TMI 217 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=373052</link>
      <description>The Tribunal allowed the appeal of the assessee, holding that the addition under Section 41(1) was not sustainable. The Tribunal emphasized that the liabilities were continuously acknowledged in the balance sheet and that mere non-payment does not constitute cessation of liability under Section 41(1). The decision was based on the principle that the burden of proof lies on the AO to establish the cessation of liabilities. Consequently, the addition made by the AO and sustained by the CIT(A) was deleted.</description>
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