Addition u/s 41(1) - interest waived by the Bank - The appellant ...

Case Laws     Income Tax

April 9, 2024

Addition u/s 41(1) - interest waived by the Bank - The appellant contended that the waiver of liability by the bank should not be chargeable to tax under Section 41(1) of the Act. The High Court examined the provisions of Section 41(1) and emphasized that for it to apply, there must have been an allowance or deduction made in the assessment for the loss or expenditure incurred by the assessee. In this case, no such allowance or deduction had been made. Additionally, the Court concluded that the waiver of the loan amounted to the cessation of a liability other than trading liability, making Section 41(1) inapplicable. Consequently, the High Court ruled in favor of the assessee.

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