ACIT v. Nahar Industrial Enterprises Ltd. (2022) 219 DTR 73 / 219 TTJ 544 / 99 ITR 562 (Chd)(Trib) ACIT v. Nahar Spinning Mills Ltd (2022) 219 DTR 73 / 219 TTJ 544 / 99 ITR 562 / 142 taxmann.com 52 (Chd)(Trib) ACIT v. Oswal Woollen Mills Ltd. (2022) 219 DTR 73/ 219 TTJ 544 / 99 ITR 562 / 142 taxmann.com 52 (Chd)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Sufficient funds-Investment in shares-Disallowance is not justified-Matter remanded.

Held that no fresh investment had been made by assessee during year under consideration and no interest expenditure had been incurred on account of investment in shares Matter was  remanded  to Assessing Officer to go through funds position namely capital and interest free advances, reserves and surplus to determine whether any borrowed funds had been utilized more than available own funds and if sufficient own funds were available, no disallowance was called for.  (AY. 2011-12)