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Income Tax - Highlights / Catch Notes

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Revenue expenditure or capital expenditure - Section 37(1) - ...


Corporate Debt Restructuring expenses u/s 37(1) classified as revenue expenditure, not capital, due to no enduring benefit.

May 17, 2022

Case Laws     Income Tax     AT

Revenue expenditure or capital expenditure - Section 37(1) - Disallowance on account of expenditure incurred for CDR - The CDR contains several waivers and modifications granted by the lenders and the conversion of debt into OCCRPS is just a part of the whole package. Moreover, the conversion of debt into OCCRPS is also well-addressed in our earlier discussion where we have observed that by issue of OCCRPS, there was no fresh inflow of the capital or increase in capital employed. Hence there is no benefit of enduring nature even by converting debt into OCCRPS - Claim allowed as revenue expenditure - AT

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