ESSAR HOUSE LTD,MUMBAI vs. ASST CIT (CIR) 6(2)(2), MUMBAI
In the result the appeal of the revenue is dismissed
ITA 1930/MUM/2018[2014-15]Status: DisposedITAT Mumbai11 Dec 2020AY 2014-15
Bench: Shri Rajesh Kumar & Shri Ravish Soodassessment Year: 2014-15 M/S. Essar House Ltd., Asst Cit (Cir) 6(2)(2), Essar House, R.No.504, 5Th Floor, 11 K.K. Marg, Vs. Aayakar Bhavan, Mahalaxmi, M.K. Road, Mumbai – 400 034 Mumbai - 400020 Pan: Aaacj2883P (Appellant) (Respondent) Present For: Assessee By : Shri Vijay Mehta, A.R. & Shri Anuj Kisnadwala, A.R. Revenue By : Shri R. Manjunatha Swamy, D.R. Date Of Hearing : 23.10.2020 Date Of Pronouncement : 11.12.2020 O R D E R Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 31.01.2018 Of The Commissioner Of Income Tax (Appeals) [Hereinafter Referred To As The Cit(A)] Relevant To Assessment Year 2014-15. 2. The Various Grounds Raised By The Assessee Are As Under: “1. The Cit (A) Has Erred In Confirming The Disallowance Of Interest Amount Payable Towards Defeasance Of Sales Tax Liability Amounting To Rs.226,07,45,800. 2. The Cit(A) Has Erred In Holding That Interest Liability Cannot Be Treated As Expenditure Incurred For The Purpose Of Earning Or Making Income By Way Of Discounting Charges On The Zero Coupon Bonds (Zcbs) & Consequently , The Same Is Not Eligible For Deduction U/S 57(Iii) Of The Act Against The Income By Way Of Discounting Charges On Zcbs. 3. The Cit(A) Erred In Holding That Transaction Is Not A Bonafide In Nature & Interest Liability Was Arisen From Adoption Of A Colorable Device By The Appellant For Avoidance Of Tax.
For Appellant: Shri Vijay Mehta, A.R. &For Respondent: Shri R. Manjunatha Swamy, D.R
Section 57
…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “E”, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER Assessment Year: 2014-15 M/s. Essar House Ltd., Asst CIT (CIR) 6(2)(2), Essar House, R.No.504, 5th Floor, 11 K.K. Marg, Vs. Aayakar Bhavan, Mahalaxmi, M.K. Road, Mumbai – 400 034 Mumbai - 400020 PAN: AAACJ2883P (Appellant) (Respondent) Present for: Assessee by : Shri Vijay Mehta, A.R. & Shri Anuj Kisnadwala, A.R. Revenue by : Shri R. Manjunatha Swamy, D.R. Date of Hearing : 23.10.2020 Date of Pronouncement : 11.12.2020 O R D E R Per Rajesh Kumar, Accountant Member: The…