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Waiver of Debentures Not Taxable; Set-off of Losses Must Be Allowed – ITAT Pune
Case Law Details
- Case Name
- Mithi Software Technologies Private Limited Vs ITO (ITAT Pune)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2014-15
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Mithi Software Technologies Private Limited Vs ITO (ITAT Pune)
Waiver of Debentures Not Taxable; Set-off of Losses Must Be Allowed — ITAT Pune
The Pune Bench of the ITAT allowed the assessee-company’s appeal for AY 2014-15, holding that waiver of non-convertible debentures of ₹75 lakh is a capital receipt not chargeable to tax, and further directed allowance of set-off of brought-forward business losses and unabsorbed depreciation.
On the first issue, the Tribunal noted that the debentures were long-term capital borrowings from SIDBI Venture Capital Ltd. and that no inte...






