Abhinand Investment Ltd. v. ITO (2018) 192 TTJ 51 (UO) (Kol.) (Trib.)

S. 36(1)(ii) : Interest on borrowed capital- Utilized for purchase of shares- Allowable as deduction.

The Tribunal allowed the cross objection filed by the assessee and held that once the department has accepted that the borrowings were used for business purposes in the earlier year, it cannot take a different stand in the relevant year and therefore, interest paid on the said borrowings is allowable as deduction. (AY. 2004-05)