VIDEO ELECTRONICS LTD

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ITA - 163 / 2010HC Delhi18 February 20101 pages
For Petitioner: ANOOP SHARMA
AI SummaryAllowed

What did the High Court hold?

The High Court admitted the appeal, framing substantial questions of law concerning the taxability of a sum not accrued or received, the application of the doctrine of real income, and the disallowance of interest paid on business borrowings.

What were the facts?

The assessee's appeal raised identical issues to previously admitted appeals. The High Court admitted the appeal for consideration of substantial questions of law.

What were the issues?

The key issues revolve around whether income that neither accrued nor was received can be taxed, the applicability of the doctrine of real income, and the allowability of interest on business borrowings.

Which sections of the Income-tax Act were involved?

N/A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF DELHI AT NEW DELHI . ITA 163/2010 . VIDEO ELECTRONICS LTD ..... Appellant Through : Mr Anoop Sharma with Mr Manu K. Giri . versus . ITO ..... Respondent Through : Ms P. L. Bansal with Ms Anshul Sharma . CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SIDDHARTH MRIDUL . O R D E R 18.02.2010 We have heard the counsel for the parties. Identical issues have been raised in respect of earlier years and appeals in respect thereof have already . . been admitted by this Court in ITA Nos. 1055/2006, 1057/2006, 746/2007 and 764/2007. Those matters were admitted on 18.03.2008. Admit. The following substantial questions of law arise for the consideration of this Court:- (1) Whether on the facts and circumstances of the case the sum of Rs 4,71,240/- having neither accrued nor received by the assessee can be held to be its income liable to tax in this year? . (2) Whether on the facts of the present case where no income resulted at all to the assessee and applying the doctrine of real income the sum of Rs 4,71,240/- can be brought to tax as the income of the assessee? . . (3) Whether the Tribunal was right in law confirming the disallowance of interest amounting to Rs 3,09,327/- paid by the assessee on the borrowings made by it which were utilized for its business? . (4) Whether the amount of interest paid on funds borrowed for the purposes of business can be disallowed while computing the assessable income when the said borrowings was made for purposes of business and interest had been duly paid by the assessee? . (5) Whether the Tribunal was right in law holding that the burden of proof lay upon the assessee to establish that the borrowings was made for purposes of business and the interest paid there upon was allowable as revenue expenditure? . The filing of paper books is dispensed with. Tag along with ITA Nos. 1055/2006, 1057/2006, 746/2007 and 764/2007. . BADAR DURREZ AHMED, J . . . . SIDDHARTH MRIDUL, J FEBRUARY 18, 2010 SR . 4

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