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2024 (7) TMI 902 - AT - Income TaxTaxability of waiver of loan in One Time Settlement Scheme (OTS) with bank - Addition u/s.28(iv) - treating benefit from One Time Settlement with the Bank of Baroda as income - HELD THAT - If the loan has been taken for trading purpose waiver of such loan would tantamount to cessation of liability ,liable to tax under section 41(1) of the Act. In the present case the taxability of the loan waived has not been considered in terms of the provisions of section 41(1) of the Act by the authorities below, though surprisingly the assesses submission to the AO was solely in the context of section 41(1) of the Act, ruling out its applicability in the case of the assessee. Thus, this matter needs reconsideration particularly as to under which section the benefit accruing to the assessee under One Time Settlement Scheme is taxable. And for the said purpose, the facts relevant to the waiver of the loans needs to be brought on record. The matter is therefore restored back to the AO for consideration afresh of the taxability of loan waived under one time settlement scheme by the bank. Appeal of the Revenue is allowed for statistical purpose.
Issues:
Taxability of waiver of loan in One Time Settlement Scheme (OTS) with bank. Comprehensive Analysis: Issue: Taxability of waiver of loan in OTS The appeal was filed by the Department against the order of the ld. Commissioner of Income-tax (Appeals) regarding the taxability of the waiver of a loan in a One Time Settlement Scheme with a bank for the assessment year 2010-11. The primary contention was whether the addition of Rs. 1,34,12,000/- made under section 28(iv) of the Income Tax Act, 1961 was justified, as the benefit from the settlement was treated as income. The AO had considered this amount as taxable under section 28(iv) of the Act, contrary to the assessee's argument that it was not taxable under section 41(1) of the Act. The ld.CIT(A) deleted the addition made under section 28(iv) of the Act, leading to the Revenue's appeal before the Appellate Tribunal. The Tribunal found that the Revenue authorities had taken a misguided approach in dealing with the issue. The AO had not properly considered the assessee's argument regarding the taxability under section 41(1) of the Act and instead relied on a decision of the Hon'ble Madras High Court to hold it taxable under section 28(iv) of the Act. The Tribunal noted that sections 41(1) and 28(iv) of the Act were slightly overlapping in operation, with section 41(1) dealing with the taxability of remission or cessation of liability, while section 28(iv) treated perquisites received during business as income. The Tribunal emphasized that the taxability of loan waivers had been considered under both sections in various judicial decisions. The ld.CIT(A) had referred to a Supreme Court ruling that ruled out taxability under section 28(iv) of the Act. The Revenue argued that several High Courts had considered loan waivers under section 41(1) of the Act, citing specific cases. However, in the present case, the taxability of the waived loan had not been assessed under section 41(1) by the authorities, despite the assessee's submission ruling out its applicability. In light of these considerations, the Tribunal decided to restore the matter back to the AO for a fresh assessment of the taxability of the waived loan under the One Time Settlement Scheme. The AO was directed to gather all relevant facts and adjudicate the issue in accordance with the law, ensuring the assessee's right to a fair hearing. The appeal of the Revenue was allowed for statistical purposes. In conclusion, the Tribunal's judgment focused on clarifying the proper taxability of loan waivers under different sections of the Income Tax Act, highlighting the need for a thorough reconsideration of the issue based on relevant facts and legal provisions. This detailed analysis of the judgment provides a comprehensive understanding of the issues involved and the Tribunal's decision regarding the taxability of the waived loan in the One Time Settlement Scheme with the bank.
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