| COURT: | Supreme Court |
| CORAM: | Ashok Bhushan J, K. M. Joseph J |
| SECTION(S): | 43B |
| GENRE: | Domestic Tax |
| CATCH WORDS: | actual payment |
| COUNSEL: | Sanjay Jain |
| DATE: | February 21, 2019 (Date of pronouncement) |
| DATE: | April 29, 2019 (Date of publication) |
| AY: | 2001-02 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 43B: The conversion of outstanding interest into loan does not amount to "actual payment" of the interest in order to qualify for deduction in view of the retrospective insertion of Explanation 3C to s. 43B (Eicher Motors 315 ITR 312 (MP) & Pennar Profiles (T&AP) approved) | |
Expln. 3C has now in clear terms provided that such conversion of interest amount into loan shall not be deemed to be regarded as “actually paid” amount within the meaning of Section 43B. In view of clear legislative mandate removing this doubt and making the intention of legislature clear in relation to such transaction, it is not now necessary for this Court to interpret the unamended Section 43B in detail, nor it is necessary for this Court to take note of facts in detail as also the submissions urged in support of various contentions except to place reliance on Expln. 3C to Section 43B and answer the questions against the assessee and in favour of Revenue
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