CIT v. Shriram Honda Power Equipment & Ors.

289 ITR 475High Court2007#815 most cited

What is CIT v. Shriram Honda Power Equipment & Ors. authority for?

If interest income has been assessed as 'Income from Business' by the Assessing Officer and this classification has not been challenged by the department, its nature cannot be reopened later. The focus then shifts to whether netting of interest income against interest expenditure is permissible for deductions under sections like 80HHC or 10B.

126

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2007 to 2023.

Also referred to as

CIT v. Shriram Honda Power Equipment · 289 ITR 475 · interest income classification · business income · income from other sources · netting of interest income · Section 80HHC deduction · Section 10B deduction · reopening of income characterisation · department challenge assessment

Issues it is cited on

Judgments citing CIT v. Shriram Honda Power Equipment & Ors.

Coastal Gujarat Power Ltd, Mumbai vs. ITO 6(2)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2298/MUM/2015[2010-11]Status: DisposedITAT Mumbai15 Mar 2017AY 2010-11

Bench: Shri Amit Shukla, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./ I.T.A. No 2298/Mum/2015 (निर्धारण वषा / Assessment Year : 2010-11) Coastal Gujarat Power Limited, The Income Tax Officer 34, Sant Tukaram Road, 6(2)(1), फनाभ/ Carnac Bunder, Aayakar Bhavan, Vs. Mumbai-400009 M K Road, Mumbai-400020 अऩीराथी की ओय से / Applicant By : Shri Farrokh V Irani प्रत्मथी की ओय से/Respondent By : Shri M C Omi Ningshen सुनवाई की तायीख /Date Of Hearing : 14.12.2016 घोषणा की तायीख /Date Of : 15.3.2017 Pronouncement आदेश / O R D E R Per Rajesh Kumar, A. M: This Is An Appeal Filed By The Assessee & Is Directed Against The Order Of The Ld.Cit(A), Mumbai, Dated25.2.2015 For The Assessment Year 2010-11. 2. The First Ground Raised By The Assessee Is Against Upholding The Order Of Assessing Officer As Regards Interest Income From Securities Deposited With Paschim Gujarat Vij Co.Ltd (Hereinafter Referred To As Pgvcl) For Availing Electricity For The Purposes Of Construction Of Power

For Respondent: Shri M C Omi Ningshen
Section 143(3)

…ed view of Assessing Officer - On issue of 'netting of interest', Commissioner (Appeals) held that same could not be allowed - Tribunal, however, allowed assessee's claim in said respect - Whether in view of decision in CIT v. Sri Ram Honda Power Equip [2007] 289 ITR 475, assessee could not be allowed to adjust interest paid to bank on overdraft facility against interest received by it on fixed deposits kept with bank as this was not expenditure laid out 'wholly and exclusively' for purpose of earning interest on fixed deposits - Held, yes” 11. Saraf Textile Industries v/s CIT (1996) 85 Taxman 146 (Del) “Sectio…