CIT v. Mahindra & Mahindra Ltd.

404 ITR 1Supreme Court of India2018#601 most cited

What is CIT v. Mahindra & Mahindra Ltd. authority for?

The waiver of a loan taken for acquiring capital assets is considered a capital receipt and is not taxable as income under Section 28(iv) of the Income Tax Act. The ruling distinguishes between the waiver of trading liabilities and capital liabilities for tax purposes.

164

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2011 to 2026.

Also referred to as

CIT v. Mahindra & Mahindra Ltd. · 404 ITR 1 SC · Section 28(iv) · Section 41(1) · waiver of loan · loan for capital assets · capital receipt · business income · trading liability · capital liability · taxability of loan waiver

Issues it is cited on

Judgments citing CIT v. Mahindra & Mahindra Ltd.

DCIT 1(1), Mumbai vs. Ashok Alco Chem Ltd, Mumbai

The appeal stand allowed for statistical purposes in terms of our above order

ITA 847/MUM/2014[2007-08]Status: DisposedITAT Mumbai13 Nov 2019AY 2007-08

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.847/Mum/2014 (िनधा"रण वष" / Assessment Year:2007-08) Dcit-(1)(1) M/S. Ashok Alco-Chem Ltd. बनाम/ Room No.579, Aaykar Bhavan 406, Sharda Chambers,33 Vs. Mumbai-400 020. New Marine Lines, Mumbai-400 020. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaca-6876-H (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Dr. K. Sivaram & Sh. Sashank Dundu- Ld. Ars ""थ"कीओरसे/Respondent By : Shri Udaya Jakke-Ld. Dr सुनवाईकीतारीख/ : 05/09/2019 Date Of Hearing घोषणाकीतारीख / : 13/11/2019 Date Of Pronouncement आदेश / O R D E R

For Appellant: Dr. K. Sivaram and Sh. Sashank Dundu-For Respondent: Shri Udaya Jakke-Ld. DR
Section 143(2)Section 143(3)Section 154Section 263Section 41(1)

…xpansion, the waiver thereof would constitute capital receipts not taxable either us 28(iv) or u/s 41(1). Reliance has been placed on several judicial pronouncements including the recent decision of Hon’ble Supreme Court in CIT V/s Mahindra and Mahindra Ltd. (404 ITR 1). To support the said fact of utilization, our attention has been drawn to the financial documents of various years as placed in the paper-book. It has been submitted that total expenditure on capital expansion was Rs.1880 Lacs which was financed out of NCD, term loan, working capital loan and internal accruals etc. as evidenced by addition to fixe…