2018 (1) TMI 1298 - HC - Income Tax

Remission of principal amount of loan obtained from financial institutions and banks - whether constitutes a benefit or perquisite arising from business and would fall within the ambit of Section 28(iv)? - Held that - Even otherwise the loan which was taken was capital investment and always treated in the capital account as liability and if it is so it will naturally go as wiping out the capital liability. See Modern Denim Limited Vs. Asstt. Commissioner of IT Jaipur 2017 (4) TMI 1287 - RAJASTHAN HIGH COURT In that view of the matter the contention taken by the appellant is required to be accepted. The view taken by the CIT(A) is required to be restored and that of the tribunal is required to be reversed.In view of the above the issue is answered in favour of the assessee and against the department.

Summary

Issues:
Challenge to tribunal's judgment on remission of principal amount of loan under Section 28(iv) of the Act.

Analysis:
The High Court admitted two appeals challenging the tribunal's judgment on remission of loan principal amount. One appeal was by the assessee and the other by the department. The substantial questions of law framed in both appeals revolved around whether the remission of the loan principal amount constitutes a benefit or perquisite under Section 28(iv) of the Act. The appellant contended that the issue was settled by a prior decision of the court in a similar case. The department, on the other hand, relied on a Delhi High Court decision to support its position on the matter.

The court considered various judgments, including those of the Bombay High Court, Madras High Court, and Gujarat High Court, to analyze the interpretation of Section 28(iv) of the Act. It was highlighted that the provision applies to benefits or perquisites arising from business, excluding cash or money benefits. The court examined the nature of the benefit or perquisite in question to determine its applicability under Section 28(iv) of the Act.

The department supported the tribunal's judgment by citing a Supreme Court decision regarding the treatment of statutory levies and refunds in trading transactions. Another Supreme Court decision was referenced to emphasize that amounts received in the course of trading transactions could change character and be treated as income under certain circumstances.

After hearing arguments from both sides, the court concluded that the loan in question was a capital investment and always treated as a liability in the capital account. Therefore, the court accepted the appellant's contention, reversed the tribunal's decision, and restored the CIT(A)'s view. Consequently, the issues in both appeals were decided in favor of the assessee and against the department. The appeal of the assessee was allowed, while that of the department was dismissed.