Assessee owed a sum towards loan to bank. Subsequently, in one time settlement programme said loan was waived off by bank. Assessing Officer held that waived amount was income of assessee under section 28(iv). Assessing Officer assessed the waiver amount as income. Order of the Assessing Officer is affirmed by CIT (A) and Tribunal. On appeal the Court held that Assessing Officer had also called for information from bank under section 133(6) in this regard, however, no reply was received. Therefore in absence of any particulars pertaining to previous years books of account, it was difficult to arrive at a decision and, therefore, in order to grant one more opportunity to assessee for production of books of account to substantiate its case, matter was to be remanded back to Assessing Officer. (AY. 2004-05)
Kothari International Trading Ltd. v. ACIT (2021) 277 Taxman 644 (Mad.)(HC)
S. 28(iv) : Business income-Value of any benefit or perquisites-Converted in to money or not-One time settlement with bank-No reply was received from bank in response to notice issued under section 133(6)-Failure to produce books of account-Matter remanded to the Assessing Officer. [S. 41(1), 133 (6)]