ACIT, CC 6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI
In the result, appeal by the assessee is allowed
ITA 4321/MUM/2025[2016-17]Status: DisposedITAT Mumbai20 Feb 2026AY 2016-17
Bench: Shri Sandeep Gosain & Shri Girish Agrawal
For Appellant: Shri Harsh Kothari and Shri Ronak Vasavada, CAsFor Respondent: Shri R. A. Dhyani, CIT DR and Shri Virabhadra S. Mahajan, Sr. DR
Section 1
This property was purchased from Mr. Asim Ghosh and Ms. Sanjukta Ghosh on 31.07.2014 for Rs. 42
crores. After claiming depreciation, Written Down Value (WDV) for the year was Rs.37,25,32,589/. Source of funds for purchasing the property was loan taken from Standard Chartered Bank. During the year ... STCL which was disallowed. Table for computation of STCL is as under:
Particulars
Amount (Rs.)
Sale Consideration
18,61,00,000
Less: Written down value of asset
-37,25,32,589
Capital Gain/(Loss)
(18,64,32,589)
9.2. The said property was used by assessee for its business purpose