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 366,339 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.

Ashish Jindal, Delhi vs. ITO Ward- 52(4), New Delhi

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

ITA 4383/DEL/2019[2015-16]Status: DisposedITAT Delhi03 Aug 2021AY 2015-16

Bench: Shri R.K. Pandaassessment Year: 2015-16 Ashish Jindal, Vs Ito, 8, Sundar Nagar, Ward-52(4), Delhi. New Delhi. Pan: Aexpj2013H (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate & Shri Ashish Goel, Ca Revenue By : Shri Vijay Kumar Kataria, Sr. Dr Date Of Hearing : 26.07.2021 Date Of Pronouncement : 03.08.2021 Order This Appeal Filed By The Assessee Is Directed Against The Order Dated 11Th April, 2019 Of The Cit(A)-18, New Delhi, Relating To Assessment Year 2015-16. 2. This Appeal Was Earlier Dismissed By The Tribunal For Non-Prosecution. Subsequently, The Tribunal Recalled Its Order Vide Ma No.205/Del/2020, Order Dated 11.06.2021. Hence, This Is A Recalled Matter.

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri Vijay Kumar Kataria, Sr. DR
Section 36Section 36(1)(ii)Section 36(1)(iii)Section 37(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC-1 : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER Assessment Year: 2015-16 Ashish Jindal, Vs ITO, 8, Sundar Nagar, Ward-52(4), Delhi. New Delhi. PAN: AEXPJ2013H (Appellant) (Respondent) Assessee by : Shri Ved Jain, Advocate & Shri Ashish Goel, CA Revenue by : Shri Vijay Kumar Kataria, Sr. DR Date of Hearing : 26.07.2021 Date of Pronouncement : 03.08.2021 ORDER This appeal filed by the assessee is directed against the order dated 11th April, 2019 of the CIT(A)-18, New Delhi, relating to assessment year 2015-16. 2. This appeal was earlier dismissed by…

Agility Logistics P.Ltd, Mumbai vs. DCIT Range-9(1)(1), Mumbai

The appeal of the assessee is partly allowed in terms of our aforesaid observations

ITA 7199/MUM/2017[2013-14]Status: DisposedITAT Mumbai11 Feb 2021AY 2013-14

Bench: Shri S. Rifaur Rahman & Shri Ravish Soodagility Logistics Private Limited Deputy Commissioner Of Polaris, A-501/502, 5Th Floor, Income Tax Circle 9(1)(1), Off Marol Maroshi Road, Marol, Mumbai, Room No. 210/260A, Vs. Andheri (East), 2Nd Floor, Aayakar Bhavan, M.K. Road, Mumbai 400 059 Mumbai – 400 020 Pan – Aaacl3717A (Appellant) (Respondent) Agility Logistics Private Limited Asstt. Commissioner Of Polaris, A-501/502, 5Th Floor, Income Tax, Range 9(1)(1), Off Marol Maroshi Road, Marol, Room No. 203, 2Nd Floor, Vs. Andheri (East), Mumbai 400 067 Aayakar Bhavan,M.K. Road, Mumbai - 400020

For Appellant: S/sshri Dhanesh Bafna, Ketan Ved, Nishant Shah &For Respondent: S/shri Sunil Deshpande & Sushil Kr. Mishra, D.Rs
Section 143(3)Section 271(1)(c)Section 92C(2)

…e was no nexus between the capital advance and the interest bearing loans. In support of his aforesaid observation reliance was placed by the DRP on the order of the Hon’ble High Court of Punjab & Haryana in the case of CIT Vs. Abhishek Industries Ltd. (2006) 286 ITR 1 (P&H). Backed by its aforesaid deliberations, the DRP in all fairness directed the A.O to afford an opportunity to the assessee to prove that the capital advance/investment were made in the earlier years when there was no interest liability. At the same time, the DRP taking cognizance of the fact that the A.O had only considered the capital advance…

Mahindra & Mahindra Ltd, Mumbai vs. ACIT Cir 2(2)2, Mumbai

In the result, all the appeals of the assessee are partly allowed for statistical purposes and appeal of the revenue is dismissed

ITA 1449/MUM/2016[2011-12]Status: DisposedITAT Mumbai19 Jun 2020AY 2011-12

Bench: Shri Mahavir Singh, Vp & Shri M.Balaganesh, Am & Sa No.462/Mum/2019 (Arising Out Of Ita No.1449/Mum/2016) (Assessment Year : 2011-12) Mahindra & Mahindra Vs. Dy. Commissioner Of Limited, Income-Tax Corporation Taxation, Circle-2(2)(2) P.K. Kurne Chowk, Aayakar Bhavan, Worli, Mumbai – 400020 M.K.Road, Mumbai-400020 Pan/Gir No.Aaacm3025E (Appellant) .. (Respondent) & Sa No.461/Mum/2019 (Arising Out Of Ita No.7382/Mum/2017) (Assessment Year : 2013-14) Mahindra & Mahindra Vs. Dy. Commissioner Of Limited, Income-Tax Corporation Taxation, Circle-2(2)(2) P.K. Kurne Chowk, Aayakar Bhavan, Worli, Mumbai – 400020 M.K.Road, Mumbai-400020 Pan/Gir No.Aaacm3025E (Appellant) .. (Respondent) Dy. Commissioner Of Vs. Mahindra & Mahindra Limited, Income-Tax Corporation Taxation, Circle-2(2)(2) P.K. Kurne Chowk, Aayakar Bhavan, Worli, Mumbai – 400020 M.K.Road, Mumbai- 400020 Pan/Gir No.Aaacm3025E (Appellant) .. (Respondent) Mahindra & Mahindra Vs. Asst. Commissioner Of Limited, Income-Tax Corporation Taxation, Circle-2(2)(2) P.K. Kurne Chowk, Aayakar Bhavan, Worli, Mumbai – 400020 M.K.Road, Mumbai-400020 Pan/Gir No.Aaacm3025E (Appellant) .. (Respondent)

Section 143(3)Section 144C(5)

…We find that the ld. AO placed reliance on the decision of Hon’ble Supreme Court in the case of Sahney Steel and Press Ltd., reported in 228 ITR 253 and the decision of Hon’ble Punjab and Haryana High Court in the case of Abhishek Industries Ltd., reported in 286 ITR 1 and rejected the claim of the assessee of treating the industrial promotion subsidy as capital receipt. 10.4. The ld. AO also observed that this subsidy was available to the assessee from the date of commencement of commercial production suggesting that the subsidy was not given for the setting up of business but for carrying on of its business. H…

M/S. United Spirits Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, the appeal of the assessee is partly allowed

ITA 489/BANG/2017[2012-13]Status: DisposedITAT Bangalore29 May 2020AY 2012-13

Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadaleit(Tp)A No.489/Bang/2017 (Assessment Year: 2012-13) M/S. United Spirits Limited, Ub Towers, No.24, Vittal Mallya Road, Bangalore-560 001 ….Appellant Vs. Dy. Commissioner Of Income Tax, Circle 7(1)(1), Bangalore. ……Respondent. Assessee By: Shri Perci Pardiwala, Senior Advocate & Shri Ketan Ved, C.A. Revenue By: Shri Bipin C.N, Jcit (D.R) Date Of Hearing : 06.03.2020. Date Of Pronouncement : 29.05.2020. O R D E R Per Shri B.R. Baskaran, A.M. : The Assessee Has Filed This Appeal Challenging The Assessment Order Dated 31-01-2017 Passed By The Assessing Officer For Assessment Year 2012-13 Passed U/S 143(3) R.W.S 144C(13) Of The Act.

For Appellant: Shri Perci Pardiwala, Senior Advocate and Shri Ketan Ved, C.AFor Respondent: Shri Bipin C.N, JCIT (D.R)
Section 143(3)Section 144C(10)Section 144C(13)Section 14ASection 154Section 36(1)(iii)Section 92C

…ess carried on by the assessee, i.e., commercial expediency in giving interest free advances was not shown. The AO also placed his reliance on the decision rendered by Hon’ble Punjab and Haryana High Court in the case of CIT vs. Abhishek Industries Ltd (2006)(286 ITR 1) and C.R Auluck and Sons P Ltd (2014)(360 ITR 193) and accordingly held that proportionate interest expenses should be disallowed. Accordingly he computed the interest disallowance by considering PLR (Prime Lending Rate) and the return on Loans/advances, which worked out to Rs.348.72 crores. The Ld DRP noticed that the interest free loans included…