CIT v. Mythreyi Pai

152 ITR 247High Court1985#2680 most cited

What is CIT v. Mythreyi Pai authority for?

Expenditure incurred towards the purchase of shares is a capital expenditure and therefore, interest expenditure incurred on such purchases is not eligible for deduction under Section 36(1)(iii) of the Income Tax Act.

44

judgments rely on this decision, according to BharatTax’s citation analysis of 366,459 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Mythreyi Pai · Section 36(1)(iii) · capital expenditure · interest expenditure · purchase of shares · deduction · Income Tax Act

Issues it is cited on

Judgments citing CIT v. Mythreyi Pai

Shree Bal Properties & Finance P. Ltd, Mumbai vs. Pr. CIT 2, Mumbai

ITA 2848/MUM/2019[2014-15]Status: DisposedITAT Mumbai09 Jun 2020AY 2014-15

Bench: Shri G. Manjunatha & Shri Ravish Soodm/S Shree Bal Properties & Finance P. Ltd Pr. Commissioner Of Income-Tax -2, 4, Buona Case, Sir P.M Road, Room No. 344, 3Rd Floor, Aaykar Bhavan Vs. Opp. Kashmir Arts Emporium, M.K Road, Mumbai – 400 020. Fort, Mumbai - 400 001. Pan –Aaccs1776N M/S Shree Bal Properties & Finance P. Ltd Dy. Commissioner Of Income-Tax 2(3)(2), 4, Buona Case, Sir P.M Road, Room No. 552, Aaykar Bhavan Vs. Opp. Kashmir Arts Emporium, M.K Road, Mumbai – 400 020. Fort, Mumbai - 400 001. Pan – Aaccs1776N Appellant By: S/Shri Mihir Naniwadekar & Kalpesh Turalkar, A.Rs Respondent By: S/Shri Salil Mishra, Cit D.R & V.Vinod Kumar, D.R Date Of Hearing: 04.03.2020 Date Of Pronouncement: 09.06.2020

For Appellant: S/shri Mihir Naniwadekar & Kalpesh Turalkar, A.RsFor Respondent: S/shri Salil Mishra, CIT D.R & V.Vinod Kumar, D.R
Section 115JSection 14Section 143(1)Section 143(3)Section 24Section 263

…uating but it should be fixed, except in circumstances where the law permits substitution. Further, in the case of Captain B.L Lingaraju vs. ACIT [ITA No. 906/Bang/2014], the Hon’ble Bangalore Tribunal observed that in the case of CIT Vs. Maithreyi Pai [1985] 152 ITR 247 (Kar), Hon’ble Karnataka High Court had held that interest paid on borrowings for the acquisition of capital asset must fall for deduction as the cost of acquisition. But, if such sum was already allowed as a deduction under other heads, the same cannot be allowed as a deduction in computing capital gains. The Hon’ble High Court also held that ‘N…