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Taxability of loan waivers under Section 28(iv) and Section 41(1)
Case Law Details
- Case Name
- The Pr. Commissioner of Income Tax-12 Vs M/s. Colour Roof (India) Ltd. (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Bombay High Court
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Pr. CIT Vs M/s. Colour Roof (India) Ltd. (Bombay High Court)
The Supreme Court in the case of Commissioner v/ s. Mahindra and Mahindra Ltd., [2018] 404 ITR 1 has held that sine-qua-non for application of Section 41(1) of the Act, is that there should have been allowance or deduction claimed by the Assessee in any Assessment Year as a loss, expenditure or trading liability incurred by the Assessee. Subsequently, if any remission or waiver is granted in respect of which such an allowance/deduction has been claimed, then the Assessee is liable to pay tax on the amount waived/ rem...
