VidhiSangh

Supreme Court of India · 24/04/2018

THE COMMISSIONER versus MAHINDRA AND MAHINDRA LTD. THRG. M.D.

[2018] 3 S.C.R. 951 · 2018 INSC 409

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Summary

Applying the statutory provisions considered in this 2018 judgment, the Supreme Court held that waiver of a loan used to acquire capital equipment was not taxable under section 28(iv) or section 41(1). The former provision, as then read, required a benefit other than money; the waiver was monetary. The capital borrowing was not a trading liability and no relevant interest deduction had been claimed. Depreciation on machinery did not establish deduction of the waived liability. The Revenue’s appeals were dismissed.

Issues

  1. Whether the monetary loan waiver was taxable under the section 28(iv) text considered by the Court.
  2. Whether the capital borrowing’s remission met section 41(1)’s requirements.
  3. Whether depreciation on the acquired equipment supplied the necessary earlier deduction.

Provisions considered

Held

Result

Revenue appeals dismissed and connected appeals disposed of accordingly; High Court result sustained. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 951.