Student
3986 Points
Joined July 2018
1. Loan waived off will not be taxable as a business perquisite as per the case law Rollatainers Ltd where SC has given a decision in favor of the assessee, that it will neither be taxed if the same is obtained for the purpose of acquiring a capital asset or for the purpose of business or profession.
2. Hence, unsecured loan waived off will not be treated as business receipt taxable in the hands of the company unlike remission or cessation of trading liability.
Please correct me if the above solution has an alternative view