How to account and taxed ots transaction

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CA Priyank (Querist)
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05 August 2011 Dear Sir........
I have a practical problem of Taxing and accounting OTS (one time settlement) transaction. Plz help me in this regards.

Fact of Case:

Mr A took a loan of40 lac 3 years back. He was paying his EMI regularly. He couldn't pay his EMI for last 6 month so bank has taken OTS route to settle down his existing libilities.

As on 31/03/2011, his balance sheet shows libility towards bank loan is35 lac. As on today he has setteled his case with bank after paying25 lac only.

Questions:

1. How he shall account this things in his book (Accounting point of view only)

2. How to treat differance in income tax. (i.e. whether differance 10 lac is taxable, if yes then under which section, if no then also under which section)

Thanks in advance

CA MANOJ GUPTA

CA MANOJ GUPTA (Expert)
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05 August 2011 1. BALANCE MAY BE ACCOUITED FOR VIA CAPITAL ACCOUNT
2. TAXABOILITY DEPENDS UPON VARIOUS ISSUES
THERE ARE PLETHORA OF CASES ON THIS ISSUE PROMINENT ONES ARE MAHINDRA & MAHINDRA lTD(bOM -HC)
LOGITRONICS INDIA (DEL-HC)]
PL SHARE DETAILS AS TO NATURE OF ACTIVITY OF MR A BUSINESS OR OTHERWIASE
PURPOSE OF LAON

CA MANOJ GUPTA
JODHPUR
09828510543

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CA Priyank

CA Priyank (Querist)
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11 August 2011 Mr. A is in the business of Embroidery (Textile) activity. He had taken a loan personal in nature but used for business.

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