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    <title>2026 (6) TMI 217 - ITAT DEHRADUN</title>
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    <description>Section 41(1) applies only where there is a remission or cessation of an existing trading liability; it does not cover receipts that are merely credited in a personal bank account without being reflected as a payable liability in the proprietary books. Here, the surrounding materials, including the affidavit, confirmation of account and bank statement, supported the explanation that the funds were received in a personal capacity from the partner group account and were not an extinguished liability owed to the AOP concern. On that factual basis, the statutory precondition for invoking section 41(1) was not met, and the addition was deleted.</description>
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      <description>Section 41(1) applies only where there is a remission or cessation of an existing trading liability; it does not cover receipts that are merely credited in a personal bank account without being reflected as a payable liability in the proprietary books. Here, the surrounding materials, including the affidavit, confirmation of account and bank statement, supported the explanation that the funds were received in a personal capacity from the partner group account and were not an extinguished liability owed to the AOP concern. On that factual basis, the statutory precondition for invoking section 41(1) was not met, and the addition was deleted.</description>
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