DIT v. Escorts Cardiac Diseases Hospital

300 ITR 75High Court2008#1932 most cited

What is DIT v. Escorts Cardiac Diseases Hospital authority for?

Liability for interest cannot be disallowed merely because it is treated as unascertained expenditure. The case also clarifies the distinction between interest expenditure as revenue versus capital in nature, generally allowing its deduction as revenue expenditure.

59

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

DIT v. Escorts Cardiac Diseases Hospital · 300 ITR 75 · Section 37(1) · interest expenditure · unascertained liability · revenue expenditure · capital expenditure · deductibility of interest · compensatory interest

Issues it is cited on

Judgments citing DIT v. Escorts Cardiac Diseases Hospital

B.K. SALES CORPORATION,NEW DELHI vs. ACIT, CIRCLE- 36(1), NEW DELHI

In the result, this appeal of the assessee is allowed

ITA 1498/DEL/2018[2014-15]Status: DisposedITAT Delhi26 Jun 2024AY 2014-15

Bench: Shri Shamim Yahya & Ms. Madhumita Roym/S. B.K. Sales Corporation, Vs. Acit, Circle 36 (1), D-1, Gf 5, Virat Bhawan, New Delhi. Commercial Complex, Dr. Mukherjee Nagar, New Delhi – 110 009. (Pan : Aaafb4846K) (Appellant) (Respondent) Assessee By : Shri Ashwani Kumar, Ca Shri Ankur Agarwal, Ca Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 12.06.2024 Date Of Order : 26.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)-12, New Delhi Dated 06.12.2017 For The Assessment Year 2014-15. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. Revenue : Disallowance Of Service Charges/Commission Paid To Six Hufs Rs.3196047 – A. The Ld. Assessing Officer Has Ignored I. The Basic Fact Of The Assessee Being A Service Recipient Getting Such Services From Various Unrelated Entities.

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri Kanv Bali, Sr. DR
Section 143Section 250Section 251(1)(a)Section 271(1)(c)

… DIT(E) v. Apparel Export Promotion Council [(2000) 244 ITR 734 (Del)];  CIT v. Neo Polypack (P) Ltd [(2000) 245 ITR 492 (Del)];  CIT v. Dalmia Promoters Developers (P) Ltd [200 CTR 426 (Del)];  DIT (E) v Escorts Cardiac Diseases Hospital Society [(2008) 300 ITR 75 (Del)].” 10. Per contra, ld. DR for the Revenue relied upon the order of the ld. CIT(A). 11. We note that it is the contention of the assessee that the assessee is in the trade practice to pay commission to the agents in the line of business in which it is engaged and that the entire commission has been paid in the normal course of business and n…

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DIT v. Escorts Cardiac Diseases Hospital (300 ITR 75) — Cited in 59 Judgments | BharatTax