Dismissing the appeal of the assessee the Court held that, section 41(1) of the Act has to be considered as a complete code by itself . Section 41(1) cannot be read in isolation with section 41(4) . The assessment completed under section 41(1) is the same as the assessment contemplated under section 41(4). Therefore , merely because there is no corresponding amendment in sub-clause (4) it would not mean that the provisions of section 41(1) will not apply. The recovery of the debt is the right transferred along with the numerous other rights comprising of the subject of the transfer. Accordingly, the bad debt recovered by the assessee which was written off by the amalgamating company, which got amalgamated is liable to be taxed in the hands of the assessee.( T.C.A Nos . 272& 275 of 2022 dt . 26 -9 -2022 ) ( AY. 2004 -05 , 2005 -06 )
Sundaram Finance Ltd v. JCIT ( 2022) 145 taxmann.com 329 (Mad)(HC)/The Chamber’s Journal – December , 2022 -P. 87 ( Mad)(HC)
S. 41(4) : Profits chargeable to tax – Bad debt – Bad debts recovered by the amalgamated company – Liable to tax [ S. 36(1)(vi), 41(1) ]