TAX ON LOAN WAIVED

When an expenditure payable is waived subsequently, resulting in refund or benefit to the assessee, it is taxable as income. The expenditure might have been paid out and hence refunded or the expenditure is recorded in the books as payable and allowed as a deduction previously - on waiver, would be covered by Section 41(1) of the Act. The condition for applying Section 41(1) is the allowance of deduction earlier and subjecting it to tax later on its waiver. Explanation 1 to Section 41(1) covers even unilateral transfer of liability by write off in the books of account by the taxpayer.