During this year, the assessee could utilise only part of loan which was borrowed during period of construction. The assessee had temporarily made fixed deposits of the external commercial borrowing funds till utilisation for fixed asset or capital expenditure. The assessee had paid interest of Rs. 13.38 crores on the borrowings and had earned interest of Rs. 4.03 crores on the fixed deposits. The net interest of Rs. 9.35 crores was added to the preoperative expenditure pending capitalization. The Tribunal allowed the capitalisation of interest on fixed deposit receipts earned during the period of construction. On appeal the Court affirmed the order of Tribunal. SLP of revenue is dismissed due to failure to explain satisfactorily condonation of delay of 699 days in filing SLP (AY.2012-13), (2013-14)
PCIT v. Triumph Realty Pvt. Ltd. (2024)468 ITR 109 (SC) Editorial : PCIT v Triumph Realty Pvt. Ltd (2023) 450 ITR 274 (Delhi)(HC),PCIT v. Triumph Realty Pvt. Ltd. (No. 1) (2023) 450 ITR 271 (Delhi)(HC)
S. 4 : Charge of income-tax-Capital or revenue Receipt-Preoperative expenditure pending capitalization-Interest Earned from fixed deposits of unutilised foreign external commercial borrowing loans during period of construction-Interest capitalised in the books of account-Capital receipt-SLP of revenue is dismissed due to failure to explain satisfactorily condonation of delay of 699 days in filing SLP. [S. 28(i), 56, 145,Art. 136]
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