Punjab Stainless Steel Inds v. CIT

324 ITR 396High Court2010#1719 most cited

What is Punjab Stainless Steel Inds v. CIT authority for?

This case establishes that merely having sufficient interest-free own funds does not automatically prevent interest disallowance on interest-free advances; the assessee must affirmatively prove the business or commercial expediency of such advances.

66

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2017 to 2025.

Also referred to as

Punjab Stainless Steel Industries · 324 ITR 396 · section 36(1)(iii) · section 37(1) · interest free advances · disallowance of interest expenditure · commercial expediency · business purpose · own funds · business purpose proof

Issues it is cited on

Judgments citing Punjab Stainless Steel Inds v. CIT

Aha Holdings P. Ltd, Mumbai vs. Principal Commissioner of Income Tax 6, Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 1993/MUM/2019[2014-15]Status: DisposedITAT Mumbai04 Feb 2020AY 2014-15

Bench: Sri Mahavir Singh, Vp & Sri M Balaganesh, Am आयकर अपील सुं./ Ita No. 1993/Mum/2019 (निर्ाारण वर्ा / Assessment Year 2014-15) Aha Holdings Private Limited The Pr. Commissioner Of 2Nd Floor, Trade View Building, Income Tax-6, बनाम/ Oasis Complex, Kamala Mills, Room No. 515, 5 Th Floor, Gate No.4, Pandurang Budhkar Aayakar Bhavan, Maharishi Vs. Marg, Lowe Parel, Karve Road, Mumbai-400 013 Mumbai -400 020 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aafcs6404E अपीलार्थी की ओर े / Appellant By : Shri Hioro Rai, Ar प्रत्यर्थी की ओर े / Respondent By : Shri Rajeev Harit, Cit Dr ुिवाई की तारीख / Date Of Hearing: 09.01.2020 घोर्णा की तारीख / Date Of Pronouncement : 04.02.2020 आदेश / O R D E R महावीर ससुंह, उपाध्यक्ष / Per Mahavir Singh, Vp:

For Appellant: Shri Hioro Rai, ARFor Respondent: Shri Rajeev Harit, CIT DR
Section 143(3)Section 263Section 37(1)

…on of section 37(1) of the Act as well as the decision of Hon’ble Supreme Court in the case of SA Builders Limited vs. CIT (2007) 288 ITR 1 (SC) and also the decision of Hon'ble Delhi High court in the case of Punjab Stainless Steel Industries vs. ACIT [2010] 324 ITR 396 (Delhi) and also another decision of Hon’ble Delhi High Court in the case of Dalmia Cement (P.) Ltd. vs. CIT (2002) 121 Taxman 706 (Delhi), wherein Hon’ble Delhi High Court has considered the issue of reasonableness of expenditure by observing as under:- “The jurisdiction of the revenue is confined to deciding reality of the expenditure, namely,…

Smt. Deepti Agarwal, New Delhi vs. ACIT, New Delhi

In the result, the appeal filed by the assessees is partly allowed

ITA 4944/DEL/2016[2011-12]Status: DisposedITAT Delhi25 Jul 2019AY 2011-12

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2011-12 Deepti Agarwal, Vs Acit, C/O M/S Pra Taxindia, Circle-53(1), D-28, South Extension, Part-I, New Delhi. New Delhi. Pan: Aampa0573C (Appellant) (Respondent) Assessee By : Shri Rakesh Gupta & Shri Somil Aggarwal, Advocates Revenue By : Ms Ashima Neb, Sr. Dr Date Of Hearing : 17.07.2019 Date Of Pronouncement : 25.07.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18Th July, 2016 Of The Cit(A)-18, New Delhi, Relating To Assessment Year 2011-12. 2. The Grounds Of Appeal No.1 & 2 Raised By The Assessee Read As Under:-

For Appellant: Shri Rakesh Gupta &For Respondent: Ms Ashima Neb, Sr. DR
Section 36Section 36(1)(iii)

…se this issue was not examined in previous years, it cannot be said that the Assessing Officer cannot make addition u/s 36(1)(iii) of the Act in this year. Referring to the decision of Hon'ble Delhi High Court in the case of Punjab Stainless Steel reported in 324 ITR 396 and the various decisions relied on by the ld.CIT(A) in his order, she submitted that the ld.CIT(A) is fully justified in sustaining the addition u/s 36(1)(iii) of the Act. So far as the argument of the ld. counsel for the assessee that no separate notice of enhancement was given, she submitted that the records of the CIT(A) has to be called for.…

ACIT, New Delhi vs. M/S Ferrous Infrastructure Pvt. Ltd., Gurgaon

In the result, the appeal filed by the Revenue is allowed for statistical purposes

ITA 171/DEL/2016[2012-13]Status: DisposedITAT Delhi16 Apr 2019AY 2012-13

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2012-13 Acit, Vs Ferrous Infrastructure Pvt. Ltd., 1St Floor, Block-B, Golf Course Road, Circle-9(1), New Delhi. Sector-54, Vatika Towers, Gurgaon. Pan: Aaacf9776H (Appellant) (Respondent) Assessee By : None Revenue By : Ms Rinku Singh, Sr. Dr Date Of Hearing : 12.03.2019 Date Of Pronouncement : 16.04.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 9Th October, 2015 Of The Cit(A)-3, New Delhi, Relating To Assessment Year 2012-13. 2. Despite Service Of Notice, None Appeared On Behalf Of The Assessee. It Was Further Seen That On The Previous Occasions Also Nobody Was Appearing On Behalf Of The Assessee. Therefore, This Appeal Is Being Decided On The Basis Of The Material Available On Record & After Hearing The Ld. Dr. 3. Ground Of Appeal No.1 By The Revenue Reads As Under:-

For Appellant: NoneFor Respondent: Ms Rinku Singh, Sr. DR
Section 36(1)(iii)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : E : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER Assessment Year: 2012-13 ACIT, Vs Ferrous Infrastructure Pvt. Ltd., 1st Floor, Block-B, Golf Course Road, Circle-9(1), New Delhi. Sector-54, Vatika Towers, Gurgaon. PAN: AAACF9776H (Appellant) (Respondent) Assessee by : None Revenue by : Ms Rinku Singh, Sr. DR Date of Hearing : 12.03.2019 Date of Pronouncement : 16.04.2019 ORDER PER R.K. PANDA, AM: This appeal filed by the Revenue is directed against the order dated 9th October, 2015 of the CIT(A)-3, New Delhi, relati…

Punjab Stainless Steel Inds v. CIT (324 ITR 396) — Cited in 66 Judgments | BharatTax