ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE vs. SHARADA ERECTORS PRIVATE LIMITED., PUNE`
In the result, this appeal of the Revenue stands dismissed
ITA 2043/PUN/2017[2013-14]Status: DisposedITAT Pune06 Apr 2022AY 2013-14
Bench: Shri Partha Sarathi Chaudhury, Jm & Dr. Dipak P. Ripote, Am आयकर अपील सं. / Ita No. 2043/Pun/2017 "नधा"रणवष" / Assessment Year : 2013-14 The A.C.I.T., Sharada Erectors Pvt. Ltd. Circle-6, Vs 38, Vijayanagar Colony, Pune Pune-411030. Pan No. Aaccs 6028 D Appellant/ Assessee Respondent /Revenue Revenue By Ms. Divya Bajpai (Cit-Dr) Assessee By Shri Nikhil S Pathak Date Of Hearing 22/03/2022 Date Of Pronouncement 06/04/2022 आदेश/ Order Per: Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-4, Pune, Appeal No.Pn/Cit(A)-4/Dcit, Circle-6, Pune/85/2016-17/152 Dated 27/03/2017 For The Assessment Year 2013- 14. The Revenue Has Raised Following Grounds Of Appeal: “1. On The Facts & The Circumstances Of The Case & In The Law, The Ld. Cit(A) Has Erred In Deleting The Addition On Account Of Disallowance Of Interest Of Rs. 7,44,78,911/- U/S 36(1)(Iii) Of The Income Tax Act, 1961, When The Funds Were Raised By Interest Bearing Loan Which Was Advanced To Sister Concern For Non Business Purpose. 2. For This An Such Other Reasons As May Be Urged At The Time Of Hearing, The Order Of The Cit(A) May Be Vacated & That Of The Assessing Officer Be Restored. 3. The Appellant Craves Leave To Add, Amend Alter Or Delete Any Of The Above Grounds Of Appeal During The Course Of Appellate Proceedings Before The Hon’Ble Tribunal.” 2. The Assessee Is A Builder-Developer. Brief Facts Of The Case Are That, In The Assessment Order, It Is Claimed That The Assessee Has Used Interest Bearing Funds For Giving Advances To Its Sister Concerns & Related Entities, Therefore, The A.O. Opined That The Funds Have Been Used For Non-Business Purposes. The Assessee Submitted Before The A.O. During The Assessment Proceedings That They Have
Section 14ASection 36(1)(iii)
properties. The advances for purchase of land constitute trading assets of the appellant and interest attributable to the said advances deserves to be allowed. The ld. AR contended that the AO has ignored the fact that finance cost includes
Rs. 1,67,95,148/- loss of foreign exchange fluctuation and Rs.
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ITA 2043/PUN/2017 for A.Y. 2013-14
ACIT
