M/S. Srs Ltd., New Delhi vs. ACIT, Faridabad
In the result assessee’s appeal is allowed
ITA 6581/DEL/2013[2009-10]Status: DisposedITAT Delhi18 May 2016AY 2009-10
Bench: Shri H.S.Sidhu & Shri J. Sudhakar Reddyay: 2009-10 M/S Srs Ltd. Vs. Acit, Circle Ii C/O M/S Rra Tax India Faridabad D 28, South Ex., Part I New Delhi 110 049 Pan: Aagcs 8846 R (Appellant) (Respondent)
For Appellant: Dr.Rakesh Gupta and Shri Somil Aggarwal, AdvsFor Respondent: Sh. P.Dam Kanunjna, Sr. D.R
…We have heard Dr.Rakesh Gupta, the Ld.Counsel for the assessee and Sh. P.Dam Kanunjna, Ld.Sr.D.R. on behalf of the Revenue. 5. The Ld.Counsel for the assessee relied on the decision of Hon’ble Calcutta High Court in the case of CIT vs. Indian Explosives Ltd. 192 ITR 144, 147 (Cal.) and submitted that the AO erred in treating the impugned advance, as that made out of borrowed funds for purchase of capital asset. He argued that the assessee has sufficient interest free funds and the presumption is that the interest free funds should have been utilized for giving interest free advances. 5.1. The Ld.D.R. on the oth…