Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


K. Patel International v. ACIT (2022) 96 ITR 71 (SN) (Surat) (Trib)

S. 36(1)(iii) : Interest on borrowed capital-Bad Debt-Advance for purchase of material for stock-in-trade-Amount written off-Allowable as deduction. [S. 28 (i)]

BGR Energy Systems Ltd. v. ACIT (2022) 96 ITR 625 (Chennai) (Trib) ACIT v. Sasikala Raghupathy (Smt) (2022)96 ITR 625 (Chennai) (Trib)

S. 36(1)(iii) : Interest on borrowed capital-Loans and Advances to subsidiaries without charging Interest-Failure to prove for Commercial expediency-Disallowance of interest justified. [S. 37(1)]

Jindal Steel and Power Ltd. v. Add. CIT (2022)97 ITR 516 (Delhi) (Trib)

S. 36(1)(iii) : Interest on borrowed capital-Real income theory-Interest not accrued to assessee for two preceding year-Accepted by the Department-Disallowance of proportionate notional interest is not justified.[S. 145]

Dy. CIT v. Jagson International Ltd. (2022) 97 ITR 176 (Delhi) (Trib) United Spirits Ltd v. Dy.CIT (2022) 97 ITR 272 (Bang) (Trib)

S. 36(1)(iii): Interest on borrowed capital-Interest free funds-Interest free loans to subsidiary-Deletion of addition is justified.

Dhanada Corporation Ltd. v. ACIT (2022)100 ITR 10 (SN) (Pune) (Trib)

S. 36(1)(iii) : Interest on borrowed capital-Interest-free advance given to subsidiary-No material placed on record by Assessee-Disallowance proper.

Narendra Kumar Khandelwal v. ITO (2022)100 ITR 109 (Jaipur)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Sufficient interest free funds-Disallowance was deleted.

Dy. CIT v. Amber Enterprises (India) Pvt. Ltd. (2022)100 ITR 28 (Chd)(Trib)

S. 36(1)(iii) : Interest on borrowed capital-Allocation of expenses-Assessee having sufficient interest-free funds available in year under consideration and when amount advanced to its sister concern-Deleting the addition was held to be justified.

Allen Career Institute v. JCIT (2022) 99 ITR 269 (Jaipur) (Trib)

S. 36(1)(iii) : Interest on borrowed capital-Mixed funds-Interest-free funds larger than interest-free advances-Disallowance of interest was deleted.

ITO v. ASSR Infrastructure (P) Ltd. (2022) 217 TTJ 24 (UO) (Chennai)(Trib)

S. 36(1)(iii) : Interest on borrowed capital-Stock in trade-Allowable as deduction.

Dy. CIT v. Kanoria Chemicals & Industries Ltd. (2022) 215 TTJ 1003 (Kol)(Trib)

S. 36(1)(iii) : Interest on borrowed capital-Premium paid maturity of foreign currency convertible bonds-Not debited to profit and loss account-Disallowance is not valid. [S. 145, Companies Act, 1956]