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Tax & Customs LawSupreme Court of India

The Commissioner v. Mahindra and Mahindra Ltd. thrg. M.D.

Civil Appeal · 2018 INSC 409Decided 24 Apr 2018
Civil Appeal Nos. 6949-6950 of 2004
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

Mahindra and Mahindra Ltd. had entered into an agreement with the US-based Kaiser Jeep Corporation in 1964 to import plant, machinery and tooling equipment to expand its jeep product line, financed partly through a loan on which it paid 6% annual interest. When part of this loan liability was later waived/written off, the Income Tax Department (the Revenue) sought to tax the waived amount as income, first under Section 28(iv) and alternatively under Section 41(1) of the Income Tax Act, but the Income Tax Appellate Tribunal and the Bombay High Court ruled in the company's favour. This judgment disposed of the Revenue's lead appeal (Civil Appeal Nos. 6949-6950 of 2004) along with numerous other connected appeals raising the identical legal question.

Decision Breakdown

The Supreme Court held that Section 28(iv) of the Income Tax Act did not apply because the waived amount was received in the nature of cash/money, not a benefit "in kind," which that provision requires. On Section 41(1), the Court held that the waiver related to capital assets (plant and machinery) and the company had never claimed a deduction for the interest paid under Section 36(1)(iii) in any earlier year, so there was no "trading liability" whose remission could be taxed, only a cessation of a non-trading liability, which falls outside Section 41(1)'s scope. Finding neither provision applicable, the Court held the Revenue's appeals were devoid of merit and dismissed them, along with disposing of all the connected appeals raising the same question, leaving parties to bear their own costs.

Lesson Learnt

Waiver of a loan taken to acquire capital assets (like machinery) is not automatically taxable as income: tax authorities must show the waived liability was a "trading liability" for which a deduction was earlier claimed, or that the benefit was received in a form other than cash, before such provisions of the tax law can be invoked.

The Commissioner v. Mahindra and Mahindra Ltd. thrg. M.D. – Legal Case Shots | LegalAware