Supreme Court of India

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

Neutral citation
Reported as [2018] 3 S.C.R. 951
Bench R. K. Agrawal and Abhay Manohar Sapre JJ.
Decided 24 April 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

From the headnote

Income Tax Act, 1961 – ss. 28(iv) and 41(1) – Waived of loan amount, taxability – Sum of Rs. 57,74,064/- due by assessee to a Company – Later on waiver of loan by creditor-lender – Whether taxable as a perquisite u/s. 28(iv) or taxable as a remission of liability u/s. 41(1) – Held: Amount of Rs. 57,74,064/- is rece ived as cash receipt due to the waiver of loan – The very first conditi on of s. 28 (iv) that any benefit or perquisite arising from the business shall be in the form of benefit or perquisite other than in the shape of money, is not satisfied – Hence, the amount of Rs 57,74,064/ -

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.