ASST. COMMISSIONER OF INCOME TAX, CIRCLE-15(1)., HYDERABAD. vs. A.P. DAIRY DEVELOPMENT CO-OPERATIVE FEDERATION LIMITED., HYDERABAD.
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the CIT(Appeals)'s decision to delete the interest income addition, finding no revenue element in the grants received. It also upheld the deletion of the Section 43B disallowance, following previous tribunal orders.
What were the facts?
The Revenue appealed against the CIT(Appeals)'s deletion of additions related to interest income and disallowance of interest under Section 43B. The assessee is A.P. Dairy Development Co-operative Federation Limited.
What were the issues?
Whether grants received by the assessee are taxable income and whether interest paid to public financial institutions/scheduled banks is disallowable under Section 43B.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Mahindra and Mahindra Ltd. v. DCIT201 citing122 ITD 216 · 2009 · ITAT
Income Tax Appellate Tribunal, HYDERABAD ‘ A ‘ BENCH, HYDERABAD.
Before: SHRI S.S. GODARA & SHRI LAXMI PRASAD SAHU
that this tribunal co-ordinate bench’s order(s) in assessee's cases for the Assessment Years 2004-05 & 2005-06 and 2009-10 to 2012-13 dt.2.6.2017 has already held that the above interest pertains to public financial institution/scheduled banks not covered u/s. 43B of the Act. There is no distinction coming from the Revenue’s side during the course of hearing before us. We thus adopt judicial consistency to uphold the CIT(Appeals)’s action deleting the impugned section 43B disallowance.
These Revenue’s appeals are dismissed. A copy of common order placed in the respective files.
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