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…