Taxation of recovered expenses and waived trading liabilities as business income under the successor in business rules. Amounts recovered in respect of a previously allowed loss or expenditure, and benefits arising from remission or cessation of a trading liability, are treated as business income where a deduction or allowance had earlier been granted for the same item. The provision applies only where the earlier allowance or deduction was actually granted in assessment in respect of a loss, expenditure, or trading liability of revenue character. The charge extends to the successor in business where the benefit accrues to, or the amount is received by, the successor.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Taxation of recovered expenses and waived trading liabilities as business income under the successor in business rules.
Amounts recovered in respect of a previously allowed loss or expenditure, and benefits arising from remission or cessation of a trading liability, are treated as business income where a deduction or allowance had earlier been granted for the same item. The provision applies only where the earlier allowance or deduction was actually granted in assessment in respect of a loss, expenditure, or trading liability of revenue character. The charge extends to the successor in business where the benefit accrues to, or the amount is received by, the successor.
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