Shri Shri Nishant Jain, Bilaspur(Cg) vs. The Joint Commissioner of Income Tax, Range-I, Bilaspur(Cg)
In the result, appeal of the assessee is partly allowed
ITA 199/BIL/2016[2010-11]Status: DisposedITAT Raipur17 Oct 2022AY 2010-11
Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.199/Rpr/2016 (ननधाारण वषा / Assessment Year :2010-2011) Nishant Jain, Vs Jcit, Range-1, Bilaspur(Cg) M/S Landmark Engineer, Flat No.27, Shantinagar, Ring Road No.2, Bilaspur Pan No. : Agepj 9793 M (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..
For Appellant: Shri R.B.Doshi, CAFor Respondent: Shri G.N.Singh, Sr. DR
Section 40
…e for general benefit of litigations and others, it is presumed that it applies to pending as well as future proceedings. In this respect we rely on following:- 7 a) CWT vs Sharvan Kumar Swaroop & Sons (1994) ITO ITR 886 (SC) b) Associated Cement Co. Ltd CTO 48 STC 466 at 476 (SC) Thus, action of Assessing Officer in disallowing interest of Rs. 2,03,816/- by invoking provisions of section 40(a)(ia) is not at all justified and deserves to be deleted. 6. It is further submitted by the Ld AR that the assessee is regularly trying to get the certificate in form 26A from the NBFC but could not succeed till date, thus…