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    <title>2012 (10) TMI 1132 - ITAT MUMBAI</title>
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    <description>An appellate authority may entertain a fresh legal claim when the necessary material is already on record, even if the claim was not made in the original return; the objection based solely on the revised-return requirement did not survive. On taxability of loan waiver, the character of the borrowing was ative: waiver of a term loan taken for machinery, being capital in nature, was not taxable on the facts found, while waiver of a loan secured against stock-in-trade retained a revenue character and was taxable. The appellate direction to exclude the non-taxable principal waiver and sustain tax only on the trading-linked waiver was upheld.</description>
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      <link>https://www.taxtmi.com/caselaws?id=189880</link>
      <description>An appellate authority may entertain a fresh legal claim when the necessary material is already on record, even if the claim was not made in the original return; the objection based solely on the revised-return requirement did not survive. On taxability of loan waiver, the character of the borrowing was ative: waiver of a term loan taken for machinery, being capital in nature, was not taxable on the facts found, while waiver of a loan secured against stock-in-trade retained a revenue character and was taxable. The appellate direction to exclude the non-taxable principal waiver and sustain tax only on the trading-linked waiver was upheld.</description>
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      <pubDate>Thu, 18 Oct 2012 00:00:00 +0530</pubDate>
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