The ACIT, Circle-5, Ahmedabad vs. Nirma Chemicals Works Pvt.Ltd., Ahmedabad
In the result appeal of the revenue is dismissed
ITA 1600/AHD/2013[2009-10]Status: DisposedITAT Ahmedabad24 Feb 2022AY 2009-10
Bench: Shri Rajpal Yadav & Shri Waseem Ahmed
For Appellant: Shri S.N. Soparkar, Sr. Advocate with Shri Parin Shah, A.RFor Respondent: Shri Vijaykumar Jaiswal, CIT, D.R
Section 143(3)Section 14A
…AO by observing as under: 9.5 Perusal of records further reveals that the A.O has not established nexus between interest bearing funds and loans with interest free advances. It is held by Mumbai Tribunal in the case of Oceanic Investments Ltd. v/s CIT (1997) 57 TTJ 549 that it is necessary to establish nexus between borrowed funds and the amount advanced, and in the absence of this finding the lower authorities were not justified in making the disallowance of interest. It was also held in the case of M/s.Jai singh's Sons & Co. Ltd. v/s. ITO (1977) 4 TTJ 1452 that interest expenses has to be allowed as the A.O, h…