ACADEMY OF HIGHER EDUCATION,TRICHY vs. DCIT CIRCLE 1(2), TRICHY
The appeal stands partly allowed
ITA 1973/CHNY/2018[2009-10]Status: DisposedITAT Chennai21 Dec 2022AY 2009-10
Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am.
For Appellant: Shri B. Ramakrishnan (CA) – Ld. ARFor Respondent: Ms. Ann L Kapthuama (CIT) –Ld. DR
Section 143(3)Section 194Section 250(6)
…s availed factoring facility from EAFSL against receivables and paid factoring charges. We find that factoring charges could not be termed as interest u/s 2(28A) as per the decision of Hon’ble High Court of Delhi in PCIT vs. M. Sons Gems N Jewellery (P) Ltd. (69 Taxmann.com 373). This decision has referred to the decisions of Hon’ble Kolkata High Court in CIT v. MKJ Enterprises Ltd. 2015 50 Taxmann.com 441 as well as another decision of Hon’ble Delhi High Court in CIT v. Cargill Global Trading (P.) Ltd (11 Taxmann.com 219). Considering these binding decisions and in the absence of any contrary decision on record,…