The Commissioner of Income Tax - Central vs. M/s. Himagiri Biotech Pvt. Ltd.,
ITTA/526/2013HC Telangana30 Oct 2013
Section 36
…assessee’s plea in this regard and not brought the amounts to tax under Section 36 (1) (iii), there was no question of its being brought to tax for the three assessment years in question. Applying the ratio in CIT v. Sahara India Corporation Ltd, (2000) 296 ITR 295 (Del), it is held that the Revenue could not have taken a different view for these three years, particularly, when advances were not made at this time without any conclusion that in fact general reserves, surpluses and other funds were not available. The Court here also notices that several decisions were relied upon by ITA Nos.512/2013…