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    <title>2025 (12) TMI 1097 - ITAT DELHI</title>
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    <description>Section 41(1) could be invoked only upon remission or cessation of a trading liability in respect of which a prior deduction/allowance was granted, typically evidenced by write-back/credit in the profit and loss account; since the impugned liability was a loan (capital liability) used to repay a bank loan, no amount was debited to the profit and loss account, and the liability continued as outstanding without any write-back or recovery, section 41(1) was held inapplicable and the deletion of addition was sustained. Explanation 1 to section 41(1) applies only to cessation of trading liabilities by mutual understanding or unilateral act; as there was no unilateral write-off and the liability was acknowledged as outstanding, Explanation 1 was also held inapplicable and the Revenue&#039;s appeal was dismissed.</description>
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      <description>Section 41(1) could be invoked only upon remission or cessation of a trading liability in respect of which a prior deduction/allowance was granted, typically evidenced by write-back/credit in the profit and loss account; since the impugned liability was a loan (capital liability) used to repay a bank loan, no amount was debited to the profit and loss account, and the liability continued as outstanding without any write-back or recovery, section 41(1) was held inapplicable and the deletion of addition was sustained. Explanation 1 to section 41(1) applies only to cessation of trading liabilities by mutual understanding or unilateral act; as there was no unilateral write-off and the liability was acknowledged as outstanding, Explanation 1 was also held inapplicable and the Revenue&#039;s appeal was dismissed.</description>
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