Jain Irrigation Systems Ltd., Jalgaon vs. Dy. CIT, Jalgaon
In the result, the appeal of assessee is partly allowed
ITA 1070/PUN/2013[2008-09]Status: DisposedITAT Pune28 Feb 2018AY 2008-09
Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am
For Appellant: Shri Nikhil PathakFor Respondent: Shri Dr. Vivek Aggarwal
Section 143(3)Section 253Section 28Section 36Section 37
…above. There is no doubt whatsoever, that the appellant has used borrowed funds for non-business purposes and hence claim of interest on those funds u/s 36(1)(iii) is not tenable. The Hon’ble ITAT Hyderabad in the case of Ravindra Singh Arora Vs. ACIT (2012) 53 SOT 124 (Hyderabad) in regard to disallowance of interest u/s 36(1)(iii) has held as under : 37. Section 36(1)(iii) of the Act provides for deductions of interest on the loans raised for business purposes. Once the assessee claims any such deduction in the books of accounts, the onus will be on the assessee to satisfy the Assessing Officer that whatever…