CIT v. Bokaro Steel Ltd.

236 ITR 315Supreme Court of India1999#200 most cited

What is CIT v. Bokaro Steel Ltd. authority for?

Interest earned during the pre-commencement period of a project, on advances made to contractors or on unutilized borrowed funds, if inextricably linked to the setting up of the plant, constitutes a capital receipt. Such interest is not taxable as income but can be reduced from the capital work-in-progress.

370

judgments rely on this decision, according to BharatTax’s citation analysis of 367,735 Indian tax judgments — from 2007 to 2026.

Also referred to as

CIT v. Bokaro Steel Ltd. · 236 ITR 315 · pre-commencement interest · capital receipt · income from other sources · unutilized borrowed funds · advances to contractors · capital work-in-progress · Section 56 · Section 28 · setting up of plant

Issues it is cited on

Judgments citing CIT v. Bokaro Steel Ltd.

Sugam Vanijya Holdieng P.Ltd, Bengluru vs. DCIT, Circle-24(2), New Delhi

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

ITA 6722/DEL/2017[2013-14]Status: DisposedITAT Delhi26 Jul 2019AY 2013-14

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2013-14 Sugam Vanijya Holding P. Ltd., Vs Dcit, Vr Bengaluru, No.11B, Survey Circle-24(2), No.40/9, Dyvasandra Industrial Area, New Delhi. 2Nd Stage, Kr Puram Hobli, Bengaluru. Pan: Aaacs1883J (Appellant) (Respondent) Assessee By : Shri Deepak Chopra, Shri Kanchan Kaushal, Cas & Shri Harpreet Ajmani, Advocate Revenue By : Shri S.S. Rana, Cit, Dr Date Of Hearing : 07.05.2019 Date Of Pronouncement : 26.07.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.09.2017 Passed U/S 143(3) Read With Section 144C(13) Of The Income-Tax Act, 1961, Relating To Assessment Year 2013-14. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Construction Of Mixed Commercial Development Projects At Whitefield, Bangalore. It Filed Its Return Of Income On 26.11.2013 Declaring The Total Income At Rs.13,24,24,139/-. Since The Assessee Had Entered Into Certain International

For Appellant: Shri Deepak ChopraFor Respondent: Shri S.S. Rana, CIT, DR
Section 143(3)Section 144C(13)

…le when required for purchase of land and infrastructure development and, hence, the interest earned was 'inextricably linked' with the setting up of the power plant. He, therefore, applied the judgment of the Supreme Court in CIT v. Bokaro Steel Ltd. [1999] 236 ITR 315 / 102 Taxman 94 and allowed the claim of the assessee by directing the Assessing Officer to delete the addition and to consider the same for capitalization towards pre-operative expenses. On the revenue's appeal, the Tribunal, following decision in Tuticorin Alkali Chemicals & Fertilizers Ltd. v. CIT [1997] 227 ITR 172 / 93 Taxman 502 (SC) rev…

DCIT CC 3(1), Mumbai vs. Wind World Wind Farms (India) Ltd, Mumbai

In the result the appeal filed by the revenue in both the cases are dismissed

ITA 119/MUM/2018[2014-15]Status: DisposedITAT Mumbai15 May 2019AY 2014-15

Bench: Shri Rajesh Kumar & Shri Ram Lal Negiआयकर अपील सुं./I.T.A. No.119 & 122/Mum/2018 (धििाारण वर्ा / Assessment Year : 2014-15 बिाम/ Dcit Cc 3(1) M/S. Wind World Wind R.No. 1924, 19Th Floor, Air Farms (India) Ltd., India Building, Nariman A-9, Enercon Tower, V. Point, Mumbai 400021 Veera Desai Road, Veera Indl. Estate, Andheri (W), Mumbai 400053 स्थायी लेखा सुं./Pan:Aaace3530A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri. Chaudhary Arun Kumar Singh Assessee By: Shri. A.K Ghosh स िवाई की तारीख /Date Of Hearing : 02.05.2019 घोर्णा की तारीख /Date Of Pronouncement : 15.05.2019 आदेश / O R D E R Per Ramlal Negi, Jm: These Appeals Have Been Filed By The Revenue Against Two Orders Dated 10.10.2017 Passed By The Commissioner Of Income Tax(Appeals)- 51 In Respect Of Two Assessee, Pertaining To The Assessment Year 2014-15, Whereby The Ld. Cit(A) Allowed Both The Appeals Filed By The Assessee Against Assessment Orders Dated 20.04.2015. Since The Facts Of The Case & The Issues Involved Are Identical In Both The Appeals. The Same Were Clubbed Heard Together & Are Being Disposed Of By This Common & Consolidated Order For The Sake Of Convenience.

For Appellant: Shri. A.K GhoshFor Respondent: Shri. Chaudhary Arun Kumar
Section 115JSection 143(1)Section 143(2)Section 143(3)Section 14ASection 57

…Ltd., it has earned interest income of Rs 2,00,00,0007-. Thus, the interest earned of Rs 2,00,00,0007- is inextricably linked to the interest expenditure incurred by the assessee of Rs 3,96,79,6987-. The Hon'ble Supreme Court in the case of Bokaro Steels Ltd (236 ITR 315) (SC) has held that if the interest earned is inextricably linked to the interest expenditure, a set off should be allowed of the interest expenditure against the interest income while computing the income under the head," income from other sources". 7.2 Further, the Hon'ble Supreme Court in the case of S A Builders Ltd (288 ITR 1) has held that…