Is Loan Settlement Taxable in India? Section 28(iv) & 194R Rules

Complete legal guide on CBDT Circular 18/2022, Supreme Court Mahindra ruling, and why personal loan waivers carry zero income tax liability.

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Ashish Jhangra

Reviewed by CredSettle Team

05-11-2026
15 min read
Is Loan Settlement Taxable in India? Section 28(iv) & 194R Rules
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KEY TAKEAWAYS

Personal loan and credit card OTS waivers are not taxable as income for salaried and retail borrowers in India.

CBDT Circular 18/2022 explicitly exempts banks and registered NBFCs from deducting 10% TDS under Section 194R on loan settlements.

Your OTS waiver will appear on CIBIL as 'Settled', not as taxable income in your Income Tax Form 26AS or AIS.

Direct Answer: For salaried and retail clients in India. The waived main sum and rates amount in a personal loan or credit card One-Time closure (OTS) is NOT taxable as income. Also. Banks do not deduct TDS. Under CBDT Circulars No. 12/2022 and 18/2022. Scheduled banks and registered NBFCs are explicitly exempt from applying Section 194R TDS on loan closures.

Many clients face sudden debt stress in life. Job losses. Medical bills. Or pay cuts can make loan payments hard to manage. When debt grows. A One-Time closure gives clients a fresh start. In an OTS. The lender accepts a mutually agreed sum and waives the rest of the balance. Yet agents often try to scare honest clients. Callers claim that debt waivers create huge tax bills. They claim the tax office will send notices. Freeze accounts. Or demand a 30 percent tax on the waived sum.

These threats are completely false. Under Indian tax law. Personal debt relief is not taxable income. The Supreme Court of India and the Central Board of Direct Taxes (CBDT) protect clients. A personal debt waiver is a capital adjustment. Not a taxable profit. clients who choose personal loan closure or credit card closure can resolve their debts safely without tax fears.

The Recovery Agent Tax Myth: Is a Personal Loan OTS Waiver Taxable?

calls agents often use fear to stop clients from asking for a legal closure. A common lie is that loan waivers turn into taxable pay. An agent may tell you: "If the bank waives five lakh rupees. That becomes your income. The bank will tell the tax office. Also. You will face a raid."

This claim has no basis in the Income Tax Act. 1961. For any sum to be taxed as income. It must fall under the heads of income in Section 14. These heads are Salaries. House Property. Business Profits. Capital Gains. Also, Other Sources.

A personal loan is borrowed capital. When you take a loan. You do not pay tax on it because it is debt. When you pay back the loan main sum. You do not get a tax deduction. In the same way. When a bank waives part of your loan. You receive no cash. You earn no business profit. The waiver simply wipes out a personal debt. It is a capital receipt. Not revenue income. As a result. Salaried clients pay zero tax on loan waivers.

The Reserve Bank of India also protects clients. RBI rules state that claims staff must not mislead or harass clients. Lenders cannot invent fake tax rules to force people to pay. Once you know your legal rights. You can ignore these false threats and settle your debts peacefully.

CBDT Circulars 12/2022 & 18/2022: Why Banks Don't Deduct Section 194R

Many clients ask if banks must cut tax under Section 194R of the Income Tax Act. The government introduced Section 194R in 2022. It requires people to deduct 10 percent TDS on business gifts. Perks. Also, incentives.

Soon after. The tax department issued CBDT Circular No. 12 of 2022 on June 16. 2022. Question 3 of that circular suggested that loan waivers might count as a benefit under Section 194R. This caused huge confusion for banks and NBFCs across India. Lenders argued that cutting 10 percent tax on a bad loan made no sense. It would force banks to pay extra cash while already taking a heavy loss on bad debts.

The tax department quickly fixed this mistake. On September 13. 2022. The CBDT released Circular No. 18 of 2022. Question 1 of Circular 18 changed the rule and gave complete relief. The CBDT stated that Section 194R TDS shall not apply to one-time loan closures or loan waivers given by regulated lenders. These exempt lenders include:

  • Scheduled trade Banks licensed by the Reserve Bank of India.
  • Public banks known under the firms Act.
  • State money Corporations and State Industrial Corporations.
  • Non-Banking money firms registered with the RBI.
  • Asset Reconstruction firms operating under the SARFAESI Act.
  • Cooperative Banks supervised by the Reserve Bank of India.

Because of Circular 18. Banks do not cut TDS when settling loans. If an agent claims the bank deducted 10 percent TDS. Ask for Form 16A. The agent will not have it. This simple check exposes their lie on the spot.

Supreme Court Mahindra & Mahindra Ruling on Section 28(iv) Explained

The highest court in India has confirmed that loan waivers are not taxable. In CIT vs. Mahindra and Mahindra Ltd (2018) 404 ITR 1 (SC). The Supreme Court settled this question once and for all.

In this case. The firm took a loan to buy capital tools and machinery. Later. The lender agreed to waive the remaining loan main sum. The tax office claimed the waived loan was a business benefit under Section 28(iv). The tax department argued that the forgiven debt made the clients richer.

The Supreme Court rejected the tax office's point. The court set out two clear legal rules:

  1. Benefit Must Arise from Business: Section 28(iv) applies only to benefits that arise from running a business or profession. A loan waiver is a cash adjustment. It is not a business perk or a gift in kind.
  2. Capital Debt is Not Revenue Income: A loan taken to buy capital assets is a capital debt. Waiving a capital debt reduces a loss. It does not produce business profit. Capital receipts cannot be taxed as income unless the law clearly says so.

The Finance Act. 2023 updated Section 28(iv) to include cash benefits. But that rule still applies only to people in business. Salaried workers taking personal loans or credit cards do not run a business. A personal loan has no link to trade profits. Thus. Section 28(iv) never applies to retail clients.

Comparison Table: Personal Loan OTS vs Credit Card OTS vs Business

How do Indian tax rules treat different types of loan closures? The table below compares retail loans with business loans under Section 28(iv). Section 41(1). Also, Section 194R.

Loan Category. Loan Purpose. Section 28(iv) Tax. Section 41(1) Tax. Section 194R TDS.
Personal Loan OTS. Family expenses or medical bills. Zero tax for retail salaried clients. Not applicable. No tax deduction was taken. Exempt under CBDT Circular 18/2022.
Credit Card closure. Retail consumer shopping and bills. Zero tax. Non-taxable personal debt. Not applicable to retail cardholders. Exempt under CBDT Circular 18/2022.
Auto Loan seizure OTS. Purchase of personal car or bike. Non-taxable capital receipt for people. Not applicable for personal vehicles. Exempt under CBDT Circular 18/2022.
MSME Working Capital Loan. Business stock and vendor bills. Waived main sum is a capital receipt. Taxable if rates was claimed as an expense. Exempt under CBDT Circular 18/2022.

These facts show the real difference between personal and business loans. If you run a firm with business loans. Consult experts on business loan closure to plan your taxes correctly.

Income Tax Rules on Loan OTS Waivers comparing Personal Debt and Business Loans
Figure 1: legal Comparison of Tax Treatment on Personal Loan vs Business Loan closures under Indian Income Tax Act.

When Section 41(1) Applies to MSME Working Capital & CC/OD Waivers

Personal clients pay no tax on loan closures. But business owners must know Section 41(1) of the Income Tax Act. Section 41(1) covers the remission of trading debts.

Here is how Section 41(1) works. If a business claims an expense deduction in its profit and loss account. It saves tax. If the lender later waives that exact debt. The business must pay tax on it. The law treats the forgiven debt as business income in the year of waiver. You cannot take a tax benefit on a debt and then keep the waiver tax-free.

For example. Suppose an MSME firm settles a Cash Credit or Overdraft (CC/OD) account. The tax treatment splits into two parts:

  • Waived main sum Debt: The loan main sum is capital used for business assets. It was never claimed as a business expense. Therefore. Waiving main sum is a tax-free capital receipt.
  • Waived Accrued rates: Businesses deduct bank rates as a business expense under Section 36. If the bank waives this unpaid rates during an OTS. Section 41(1) applies. The firm must report the waived rates as business income.

Good chartered accountants draft OTS letters carefully. They separate main sum waivers from rates waivers. This step protects business owners from paying extra tax by mistake.

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Why Waived Unpaid Interest Carries Zero Tax Liability for Borrowers

Many clients worry about unpaid rates. Late fees. Also, bounce charges. Over several months of delay. Banks add heavy penal rates to the loan. In a usual closure. The bank waives most of these extra charges.

Do retail clients have to pay income tax on waived rates? The simple answer is no. Under Indian tax law. A waived cost is taxable only if you took a tax deduction for it in the past.

The Income Tax Act allows loan rates deductions only for specific loans:

  1. Home loan rates under Section 24(b) for buying or building a home.
  2. Higher education loan rates under Section 80E.
  3. Electric car loan rates under Section 80EEB.
  4. Business loan rates under Section 36 for trade firms.

Unsecured personal loans and credit cards offer no tax deductions. You cannot deduct personal loan EMIs from your salary. You cannot deduct credit card rates from your taxable income. Since you never claimed a tax deduction on the rates. Waiving it creates no taxable income. You pay zero tax on waived rates and charges.

Does a Personal Loan OTS Appear as Income in Your AIS or Form 26AS?

The tax department tracks money records through Form 26AS and the Annual Information Statement (AIS). Many clients fear that an OTS will show up as a red flag on these tax portals.

Let us look at how both systems work in detail:

Reporting Parameter. Credit Bureau (CIBIL). Income Tax Form 26AS. Annual Info Statement (AIS).
Governing official. RBI and Credit Info Act. Income Tax Dept (Section 203AA). Income Tax Dept (Section 285BB).
Reporting Trigger. Monthly bank loan updates. Quarterly TDS and TCS returns. High-value SFT money data.
Data Captured. Account marked as Settled. Tax deducted by employers and banks. Salary, share trades. Also, deposits.
Shows Loan closure? Yes. Shows Settled for seven years. No. Bank closures have no TDS. No. Debt waivers are not reportable SFTs.
Impact on clients. Lowers credit score for a time. Zero impact. No tax entry added. Zero impact. No tax notice sent.

As the table proves. Your loan closure stays inside the credit bureau network. Lenders update CIBIL. Experian. Equifax. Also. CRIF High Mark every month. The account status changes to "Settled" with the unpaid balance written off. This mark lowers your credit score. However. It has no link to your income tax file.

Neither Form 26AS nor the AIS tracks debt closures. Banks report large deals to the tax portal through Statement of money Transactions (SFT) rules under Section 285BA. These rules monitor big cash deposits. Mutual fund buys. Real estate deals. Also, share sales. A deal closure on a bad loan is a loss for the bank. Not an investment. If you want to know how to get 80 percent loan closure. You can proceed with trust knowing that tax portals will not track the waiver.

Checklist for Filing Your ITR Cleanly After Completing a Loan OTS

Filing your tax return after a debt closure is simple when you keep good records. Salaried people face no tax on loan waivers. Still. Keeping clear records gives you peace of mind.

  1. Keep the Official OTS Letter: Never pay a closure on phone calls or WhatsApp messages alone. Demand an official closure letter on the bank's letterhead. The letter must state the total balance. The agreed payout sum. The due dates. Also. The waiver of remaining dues.
  2. Save Bank Payment Receipts: Pay closure money directly into your loan account by net banking. NEFT. Or cheque. Never give cash to calls staff. Keep bank statements and transaction slips that prove you paid on time.
  3. Collect the No Dues Certificate: Within 30 to 45 days after payment. Get your official No Dues Certificate (NDC) or closure letter from the lender. Read our guide on how to get NOC after loan closure for step-by-step instructions. The NDC is your legal shield against future claims.
  4. Use the Normal ITR Form: Salaried people can file their regular return (ITR-1 or ITR-2). Because the loan waiver is a capital receipt. You do not report it as salary or other income. If you want full openness. You can mention it under the exempt income tab. It will not add a single rupee to your tax bill.
  5. Hold Records for Five Years: Keep digital copies of your loan papers. OTS letter. Payment receipts. Also. NDC for at least five years. If you need legal advice after closure. Reach out for post loan closure legal help.

Real Case Study: Salaried Manager Settles Rs 8.5 Lakh Debt in Chennai

To see these legal rules in real life. Look at the case of Rajesh T. A salaried manager in Chennai. After a family medical crisis. Rajesh had Rs 8.5 Lakh in unpaid dues across a personal loan (Rs 5.5 Lakh) and two credit cards (Rs 3.0 Lakh). When he fell behind on payments. Claims callers threatened him. They said that if he took an OTS. The bank would cut 10 percent TDS under Section 194R. They claimed the tax office would add Rs 5.8 Lakh to his income and demand Rs 1.74 Lakh in tax.

Worried about his job. Rajesh contacted CredSettle. Our legal team showed him CBDT Circular No. 18 of 2022. We explained that banks are exempt from cutting TDS on loan closures. Our legal team took over talks with the bank's senior officers. We secured an official OTS sanction letter settling the full Rs 8.5 Lakh debt for a payment of Rs 2.7 Lakh. This gave Rajesh a clean waiver of Rs 5.8 Lakh.

Rajesh paid the agreed sum directly to the bank. He got his official No Dues Certificate in four weeks. At tax filing time. His chartered accountant checked his Form 26AS and AIS. Both records were completely clean with zero TDS entries. Rajesh filed his ITR-1 with zero tax issues. Proving that legal knowledge protects clients from false threats.

Sources & References

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FAQs: Is Loan Settlement Taxable in India? Section 28(iv) & 194R

No, a personal loan settlement waiver is not taxable income for retail salaried borrowers. Under Indian tax jurisprudence established by the Supreme Court in CIT vs Mahindra and Mahindra, a loan waiver on a non-trading capital liability is a capital receipt. It does not qualify as income under Section 2(24) or Section 28(iv) of the Income Tax Act.

No, banks do not deduct TDS under Section 194R on one-time loan settlements. While CBDT Circular 12 of 2022 initially raised concerns, the Central Board of Direct Taxes issued Circular 18 of 2022 on September 13, 2022. Question 1 of Circular 18 explicitly exempts scheduled banks, public financial institutions, and registered NBFCs from deducting TDS on loan waivers.

No, loan settlement waivers never appear in Form 26AS or the Annual Information Statement (AIS). Form 26AS records tax withheld under Chapter XVII-B, which does not apply to exempt bank settlements. The AIS reports specified high-value financial transactions under Section 285BA. Loan settlements are private bilateral compromise contracts, not reportable investment or income transactions.

Collection agents use tax threats as an aggressive psychological recovery tactic. They falsely claim that banks report loan haircuts to tax authorities or that borrowers will face a 30 percent tax audit. These claims are legally baseless. Banks enter compromise settlements under RBI prudential frameworks, which are commercial resolutions rather than taxable gifts or perquisites.

A loan waiver becomes taxable under Section 41(1) only if the borrower is a business entity that previously claimed a tax deduction for that specific liability. For example, if a company claimed unpaid interest or working capital debt as an operating expenditure against trading profits, the remission of that trading liability is taxed as business income.

No, a credit card settlement waiver is not taxable for individual cardholders. Credit card balances represent consumer unsecured debt used for personal expenses. Since retail cardholders never claim income tax deductions for credit card purchases or interest, the negotiated waiver is a non-taxable capital receipt under settled Supreme Court precedents.

Salaried individuals filing ITR-1 or ITR-2 do not need to report personal loan waivers as taxable income. You may optionally declare the capital receipt under the exempt income schedule if seeking total administrative transparency. Most chartered accountants advise simply maintaining your official One-Time Settlement sanction letter and No Dues Certificate in your personal financial records.

Always retain three core documents after completing a settlement: the official OTS sanction letter on bank letterhead, verified payment receipts or bank transaction statements proving payment, and the final No Dues Certificate (NDC). These records provide conclusive legal evidence that the account was mutually compromised under standard banking norms if an inquiry ever arises.

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CredSettle is India's trusted loan management platform. Founded to help people break free from the cycle of debt, CredSettle has counselled countless individuals struggling with personal loans, credit cards, and app loans. We ensure you get ethical, RBI-compliant resolution strategies. CredSettle charges fees only on successful settlement, not upfront. CredSettle does not handle secured loans (home loans, car loans, gold loans).

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