CIT v. Reliance Utilities & Power Ltd.

313 ITR 340High Court2009#10 most cited

What is CIT v. Reliance Utilities & Power Ltd. authority for?

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

2,118

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2013 to 2026.

Also referred to as

CIT v. Reliance Utilities and Power Ltd. · Section 14A · Rule 8D · interest free advances · disallowance of interest expenditure · own funds · interest-free funds

Also reported as

178 Taxmann 13513 DTR 237178 Taxmann.com 135284 CTR 414

Issues it is cited on

Judgments citing CIT v. Reliance Utilities & Power Ltd.

Samarpan Fabricators P.Ltd, Mumbai vs. ACIT 2(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 543/MUM/2015[2005-06]Status: DisposedITAT Mumbai26 Jul 2016AY 2005-06

Bench: Sri Mahavir Singhm/S. Samarpan Fabricators Pvt. Ltd., Vs. The Asst. Commissioner Of C/O. Jayesh Sanghrajka & Co., 405-408, Income Tax-2 (3), Mumbai Hind Rajasthan Center, D. S. Phalke Road, Dadar (E), Mumbai 400 014 Pan:Aabcs 9672 C Appellant .. Respondent .. Appellant By Shri Harshvardhan Dater Shri Mangav Shukla, Ars .. Respondent By Ms. Bharti Singh, Dr Date Of Hearing 26-07-2016 Date Of Pronouncement 26-07-2016 O R D E R Per Mahavir Singh, Jm: This Appeal By The Assessee Is Arising Out Of The Order Of The Cit (A)-6, Mumbai Passed In Appeal No.Cit (A)-6/It.3 & 04/Set Aside/Rg.2 (3)/2014-15 Dated 24-10-2014. Assessment Was Framed By The Ito 2(3)-1, Mumbai For Assessment Year 2005-06 Vide His Order Dated 12-12-2007 Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. The Only Issue In This Appeal Of The Assessee Is Against The Order Of The Cit (A) Confirming The Addition Made By The Ao On Account Of Disallowance Of Interest Expenses For The Reason That The Assessee Has Advanced Interest-Free Advances To Its Subsidiaries Out Of Interest Bearing Funds.

Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SRI MAHAVIR SINGH, JUDICIAL MEMBER M/s. Samarpan Fabricators Pvt. Ltd., Vs. The Asst. Commissioner of C/o. Jayesh Sanghrajka & Co., 405-408, Income Tax-2 (3), Mumbai Hind Rajasthan Center, D. S. Phalke Road, Dadar (E), Mumbai 400 014 PAN:AABCS 9672 C Appellant .. Respondent .. Appellant by Shri Harshvardhan Dater Shri Mangav Shukla, ARs .. Respondent by Ms. Bharti Singh, DR Date of hearing 26-07-2016 Date of pronouncement 26-07-2016 O R D E R PER MAHAVIR SINGH, JM: This appeal by the assessee is arising out of the order of the CIT (A)-6, Mumbai pass…