CIT v. Abhishek Industries Ltd.

286 ITR 1High Court2006#212 most cited

What is CIT v. Abhishek Industries Ltd. authority for?

For interest on borrowed capital to be deductible under Section 36(1)(iii), there must be a nexus between the use of the borrowed funds and the purpose of the business. This decision has been overruled by the Supreme Court in Munjal Sales Corporation v. CIT (2008).

359

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2008 to 2026.

Also referred to as

CIT v. Abhishek Industries Ltd. · 286 ITR 1 · Section 36(1)(iii) · interest on borrowed capital · disallowance · commercial expediency · use of borrowed funds for business · nexus of funds · interest-free advances · overruled by Munjal Sales Corporation

Also reported as

156 Taxmann 25756 Taxmann.com 391

Issues it is cited on

Judgments citing CIT v. Abhishek Industries Ltd.

M/S. Bagadia Properties Private Limited, Bangalore vs. Income Tax Officer, Ward - 1(1)(3), Bangalore

In the result, the appeal filed by the assessee is treated as partly allowed

ITA 1248/BANG/2019[2014-15]Status: DisposedITAT Bangalore31 May 2022AY 2014-15

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranassessment Year:2014-15 M/S. Bagadia Properties Private Limited, 1097 (Old) 58 (New), 18Th B Main Road, Ito, 5H Block, Rajajinagar, Ward – 1(1)(3), Vs. Bengaluru – 560 010. Bengaluru. Pan No : Aadcb 3328 E Appellant Respondent Appellant By : Shri. Shivarama Iyer, Ca Respondent By : Shri. Sankar Ganesh, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 10.03.2022 Date Of Pronouncement : 31.05.2022 O R D E R Per B.R. Baskaran: The Assessee Has Filed This Appeal Challenging The Order Dated 01-03-2019 Passed By Ld Cit(A)-1, Bengaluru & It Relates To The Assessment Year 2014-15. Though The Assessee Has Raised Many Grounds, All Of Them Are Related To A Single Issue, Viz., Disallowance Of Interest Expenses Relating To Non-Convertible Debentures.

For Appellant: Shri. Shivarama Iyer, CAFor Respondent: Shri. Sankar Ganesh, JCIT(DR)(ITAT), Bengaluru

…hem. Accordingly, it was contended these advances have been given for the purpose of business of the assessee. In support of this proposition, the assessee has relied upon the decision rendered by Hon’ble Supreme Court in the case of S.A Builders Ltd vs. CIT (284 ITR 1). In particular, the assessee has relied upon the following observations made by Hon’ble Supreme Court in the above said case:- “We wish to make it clear that it is not our opinion that in every case interest on borrowed loan has to be allowed if the assessee advances it to a sister concern. It all depends on the facts and circumstances of the resp…

M/S. United Spirits Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-7(1)(1), Bengaluru

In the result, the appeal filed by the assessee is partly allowed

ITA 2701/BANG/2017[2013-14]Status: DisposedITAT Bangalore04 Apr 2022AY 2013-14

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.2701/Bang/2017 : Asst.Year 2013-2014 M/S.United Spirits Limited The Deputy Commissioner Of Ub Towers, Income-Tax, Circle 7(1)(1) V. No.24 Vittal Mallya Road Bangalore. Bangalore – 560 001. Pan : Aaccm8043J. (Appellant) (Respondent) Appellant By : Sri.Percy Pardiwala, Senior Advocate Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 05.04.2022 Date Of Hearing : 24.03.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 12.10.2017 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2013-2014. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Manufacture & Sale Of Alcoholic Beverage. The Assessee Filed Its Return Of Income For The Assessment Year 2013-2014 On 28.11.2013 Which Was Selected For Scrutiny Assessment. During The Course Of Assessment, The Assessee’S Case Was Also Referred To The Transfer Pricing Officer (Tpo). The Tpo Vide Order Dated 26.10.2016, Recommended Transfer Pricing Adjustments. The A.O., Thereafter, Passed A Draft Assessment Order Dated 30.12.2016. 2 It(Tp)A No.2701/Bang/2017 M/S.United Spirits Limited.

For Appellant: Sri.Percy Pardiwala, Senior AdvocateFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 143(3)Section 14ASection 234BSection 234CSection 36(1)(iii)

…idiaries. Judicial precedents relied upon by learned AO have been overruled / distinguishable on facts 5.9. The learned AO/ Hon'ble DRP has erred in relying on the decisions of the Hon'ble Punjab & Haryana HC in the case of CIT v. Abhishek Limited reported in 286 ITR 1 which has been overruled by the Hon'ble Supreme Court in the case of Munjal Sales Corporation reported in 298 ITR 298 5.10. The Hon'ble DRP has erred in placing reliance on the 9 IT(TP)A No.2701/Bang/2017 M/s.United Spirits Limited. decision of the Kerala High Court in the case of Harrisons Malayalam Limited reported in 25 taxmann.com 546 as the sa…