The Ito, Ward-2(1)(1),, Ahmedabad vs M/S. Greencity Heritage Pvt. Ltd.,, ... on 26 April, 2023
4.1 The Ld. CIT(A) has failed to appreciate that since no
confirmations could be filed from these 2 parties, there was a clear
case of cessation of liability in term of section 41(1) or income in term
of section 28 of the Act as there was absolutely no movement or
correspondence between the assessee and these creditor with respect
to these amounts. Reference in this regard is made to the decision of
the H'ble Gujarat High court in the case of Gujtron Electronics (p)
Ltd. vs. ITO (83 Taxmann.com 389) wherein it was held that
appropriation of such amount to the profit and loss account was not
essential for the taxability.