KAMAT HOTELS (INDIA) LIMITED,MUMBAI vs. ACIT, MUMBAI
What did the Tribunal hold?
The Tribunal allowed the assessee's appeal regarding the disallowance of interest expenditure under Section 36(1)(iii). It also set aside the addition made for income from house property to the Assessing Officer for de novo adjudication.
What were the facts?
The assessee company challenged disallowance of interest expenditure and addition for unexplained cash deposits. The revenue challenged the deletion of additions by the CIT(A) and the CIT(A)'s reliance on a remand report.
What were the issues?
Whether interest-free loans to subsidiaries are for business purposes, and whether cash deposits and rental income were correctly treated.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(6)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.
- S.A. Builders Ltd. v. CIT1,484 citing288 ITR 1 · 2007 · SC · Read judgment
- CIT v. Dalmia Cement (Bharat) Ltd.417 citing254 ITR 377 · 2002 · HC
- CIT v. Malayalam Plantations Ltd.201 citing53 ITR 140 · 1964 · SC
- 53 ITR 140 (SC), CIT v. Birla Cotton Spinning and Weaving Mills Ltd.126 citing82 ITR 166 · 1971 · SC
- Phaltan Sugar Works Ltd. v. Commissioner of Wealth-Tax54 citing208 ITR 989 · 1994 · HC
- Phaltan Sugar Works Ltd. v. CIT49 citing215 ITR 582 · 1995 · HC
Income Tax Appellate Tribunal, E BENCH, MUMBAI
Per Bench:
This a batch of 3 appeals consisting of cross-appeals for the Assessment Year 2017-2018 and appeal preferred by the ITA No. 913/Mum/2024, ITA 894-Mum-2024 & 1483/Mum/2024 Assessment Year: 2017-2018 & 2018-2
The order continues below.
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More judgments on Section 36(1)(iii)
- Hcy Industrial Parks Private Limited, Mumbai vs Assessment Unit, Income Tax Department…ITA 1899/MUM/2026[2022-23]Status: Disposed1 Oct 2026AY 2022-23
- Hcy Industrial Parks Private Limited, Mumbai vs Assessment Unit, Income Tax Department…ITA 1899/MUM/2026[2022-23]Status: Disposed1 Oct 2026AY 2022-23
- Shah Brothers, West Singhbhum vs ACIT/DCIT, Cen Cir-1, RanchiITA 239/RAN/2026[2017-2018]Status: Disposed30 Sept 2026AY 2017-2018
- Ami Industries, Surendranagar vs The ITO Ward 1, SurendranagarITA 148/RJT/2026[2017-18]Status: Disposed29 Sept 2026AY 2017-18
- Ami Industries, Surendranagar vs The ITO Ward 1, SurendranagarITA 148/RJT/2026[2017-18]Status: Disposed29 Sept 2026AY 2017-18
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