Asst CIT 16(3), Mumbai vs. Nishith M. Desai, Mumbai
In the result, appeals of the Revenue are dismissed and appeal of the assessee is partly allowed
ITA 4852/MUM/2015[2005-06]Status: DisposedITAT Mumbai28 Apr 2017AY 2005-06
Bench: Shri D.T. Garasia & Shri Manoj Kumar Aggarwal
For Appellant: Shri Firoze B. Andhyarujina, A.RFor Respondent: Shri N.P. Singh, D.R
Section 143(3)Section 147Section 24Section 57
…Sasson J. David & Co. (P) Ltd. 118 ITR 261 (SC), Jayshree Tea & Industries Ltd. 272 ITR 193, Express Newspapers Ltd. 53 ITR 250 (SC), Ormerods (India) (P) Ltd. 36 ITR 329 (Bom), Radhasoami Satsang Saomi Bagh s. CIT 193 ITR 321 & CIT vs. Gopala Naicker Bangura 344 ITR 297. 8. We have heard the rival contentions of both the parties. Looking to the facts and circumstances of the case it is submitted fact on record that assessee has taken the loan from HDFC Ltd. and interest paid to bank and which was claimed under section 57(iii) of the Act and under the head ‘Income from other sources’ on the ground that the borrow…