M/S. AT & T GLOBAL NETWORK SERVICES (INDIA) PVT. LTD.,GURGAON vs. DCIT, NEW DELHI
In the result, appeal of the assessee is partly allowed and appeal of the revenue is dismissed
ITA 2538/DEL/2014[2009-10]Status: DisposedITAT Delhi18 Sept 2017AY 2009-10
Bench: Shri I.C.Sudhir & Shri Prashant Maharishiat & T Global Network Services Dcit, (India) Pvt Ltd., Circle-2(1), Vs. Vatika Lok-1, Block-A, Gurgaon New Delhi Pan:Aafca8810L (Appellant) (Respondent) Dcit, At & T Global Network Services Circle-2(1), (India) Pvt Ltd., Vs. New Delhi Vatika Lok-1, Block-A, Gurgaon Pan:Aafca8810L (Appellant) (Respondent)
For Appellant: Shri Kanchan Kaushal, CAFor Respondent: Shri N C Swain CIT DR
Section 143(3)Section 144CSection 144C(5)Section 32Section 36
…y to another activity. 7.4 The issue has been considered by the Panel. In the proviso to section 36(1)(iii), the word ―extension‖ has been used which is to be taken as synonymous to the word ―expansion‖ held in case of Nahar Poly Films Ltd. Vs. CIT, Ludhiana 201 Taxmann 304 (P&H). The word ‗expansion‘ is not different from ‗extension‘ of business and therefore, the interest expenditure on the utilization of borrowed funds for the acquisition of new assets, from the date of its acquisition till the date when the asset is put to use, is to be disallowed. Moreover, the claim of the taxpayer runs counter to the legi…