Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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]

Late Ghansham Dass through L/H Dawinder Singh v. Dy. CIT (2022) 210 DTR 65 / 216 TTJ 214 (Chd) (Trib)

S. 36(1)(iii) : Interest on borrowed capital-Partner-Interest paid on debit balance/ excess withdrawal-Withdrawn for payment of income tax-Allowable as deduction. [S.153A]

Dy. CIT v. GVK Jaipur Expressway (P) Ltd. (2022) 216 TTJ 540 (Jaipur)(Trib)

S. 36(1)(iii) : Interest on borrowed capital-Invested as share application money in another group company-Interest on bank loan not allowable as business expenditure. [S. 37(1)]

Dy. CIT v. Arun Singhania (2022) 98 ITR 12 (SN) (Raipur)(Trib)

S. 36(1)(iii) : Interest on borrowed capital-Loans utilised for the purpose of business-Rule of consistency followed-Deletion of interest is affirmed.

Oswal Woollen Mills Ltd. v.Add. CIT (2022)98 ITR 521 (Chd) (Trib)

S. 36(1)(iii) : Interest on borrowed capital-Investment in quoted and unquoted shares-Own funds more than investments-Matter remanded for verification.