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No OTS, No Write-Back: ARC Haircut Can’t Trigger Section 41(1)
Case Law Details
- Case Name
- DCIT Vs Rudra Buildwell Homes Private Limited (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2022-23
- Courts
- All ITAT, ITAT Delhi
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DCIT Vs Rudra Buildwell Homes Private Limited (ITAT Delhi)
No OTS, No Waiver, No 41(1)- ARC Haircut Is Lender’s Loss, Not Borrower’s Income: Loan Assignment at Discount ≠ Cessation of Liability-Delhi ITAT Rejects ₹71.34 Cr u/s 41(1)-
Delhi ITAT ‘G’ Bench in DCIT vs Rudra Buildwell Homes Pvt Ltd & Rudra Buildwell Projects Pvt Ltd (ITA Nos.4119 & 4118/Del/2025, AY 2022-23, order dated 24-12-2025) dismissed Revenue’s appeals and upheld deletion of a huge addition of ₹71.34 crore u/s 41(1), holding that assignment of a loan to an Asset Reconstruction Co...
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