Waiver of principal amount of working capital loan not a capital receipt; Amount waived off taxable as deemed business profit u/s 41(1)

ROLLATAINERS LTD. Vs. COMMISSIONER OF INCOME TAX (DELHI HIGH COURT)

The assessee, Rollatainers Ltd was declared as a sick company by Board for Industrial Financial Reconstruction (BIFR) due to poor financial position and erosion of entire net worth. Pursuant to Restructuring Package as approved by Corporate Restructuring Cell, the bank waived off the interest and principal amount of working capital loan granted in the form of ‘Cash Credit’ to the assessee. The assessee treated the waiver of principal amount of loan as capital receipt and hence argued that the same was not taxable. A division bench of Delhi HC, rejecting assessee’s contention, ruled that waiver of principal amount of working capital loan in the form of Cash Credit was ‘revenue’ in nature.

HC thus held that Sec 41(1) was applicable and waiver of principle amount of loan was taxable as income. HC relied on its own decision in Logitronics Pvt. Ltd. [ TS-54-HC-2011(DEL) ] wherein it was held that taxability of waiver of loan amount depends upon purpose of borrowing. In Logitronics’s case, HC had observed that waiver of loan taken for acquiring a capital asset, would be treated as non taxable capital receipt and where the loan is taken for trading or ongoing business operations, it would be treated as taxable income.

IN THE HIGH COURT OF DELHI AT NEW DELHI