DCIT CORPORATE CIRCLE I(1), CHENNAI vs. A V A CHOLAYIL HEALTHCARE PVT. LTD., CHENNAI
In the result, the appeal filed by the Revenue is partly allowed for statistical purposes
ITA 783/CHNY/2019[2013-14]Status: DisposedITAT Chennai11 Mar 2021AY 2013-14
Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A. No.783/Chny/2019 िनधा"रण वष"/Assessment Year: 2013-14 The Deputy Commissioner Of M/S. Ava Cholayil Healthcare Pvt. Ltd., 1583, J. Block, 6Th Avenue, 15Th Main Income Tax, Corporate Circle 1(1), Vs. Chennai 600 034. Road, Chennai 600 102. [Pan: Aaica2178A] (अपीलाथ" /Appellant) (""थ"/Respondent) Department By : Shri G. Chandrababu, Addl. Cit Assessee By : Mrs. Pushya Sitaraman, Advocate सुनवाई की तारीख/ Date Of Hearing : 03.02.2021 घोषणा की तारीख /Date Of Pronouncement : 11.03.2021 आदेश /O R D E R Per Duvvurul Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 4, Chennai Dated 28.12.2018 Relevant To The Assessment Year 2013-14. The Revenue Has Raised The Following Grounds: “1. The Order Of The Ld. Cit(A) Is Contrary To Law, Facts & Circumstances Of The Case. 2. The Ld. Cit(A) Erred In Giving Relief To The Assessee By Deleting The Disallowance Of Rs.44,22,711/- For Ay 2013-14 & Rs.45,56,529/- For Ay 2014-15 Claimed Under Section 36( 1 )(Iii) When The Assessee Company Has Not Produced Any Evidence Regarding The Transaction For Validating The Claim That It Arose
For Appellant: Mrs. Pushya Sitaraman, AdvocateFor Respondent: Shri G. Chandrababu, Addl. CIT
Section 36Section 36(1)(iii)Section 50C
68,284/-.
Since the assessee has extended interest free loan to its sister concern on
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the secured borrowings for which the assessee has debited interest, the Assessing Officer worked out proportionate interest to be disallowed under section 36(1)(iii) of the Act at ₹.44,22,711/- and brought to tax. On appeal