Supreme Court · 2018 INSC 409 · Decided 24 April 2018

The Commissioner v. Mahindra and Mahindra LTD. THRG. M.D.

Court
Supreme Court of India
Citation
2018 INSC 409 · [2018] 3 S.C.R. 951
Case number
CIVIL APPEAL No. 6949/2004
Decided
24 April 2018
Bench
R.K. AGRAWAL, ABHAY MANOHAR SAPRE (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 28(iv), 41(1)

Headnote

Income Tax Act, 1961 - ss. 28(iv) and 41(1) - Waived of loan amount, taxability - Sum of Rs. 57,74,064/- due by assessee to a Company - Later on waiver of loan by creditor-lender - Whether taxable as a perquisite u/s. 28(iv) or taxable as a remission of liability u/s. is received as cash receipt due to the waiver of loan - The very first condition of s. 28 (iv) that any benefit or perquisite arising from the business shall be in the form of benefit or perquisite other than in the shape of money, is not satisfied - Hence, the amount of Rs

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