Stay abreast with the latest developments in the professional domain along with in-depth analysis through the monthly BCA Journal. Get access to an engaging library of researched publications from the BCAS stable.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn More
The assessee, who was engaged in the business of yarn, filed its return of income for the assessment year 1992-93 declaring its taxable income at Rs. 3,59,86,359/-. A revised return thereafter was filed declaring taxable income of Rs. 3,48,09,071/-. In the computation of income filed alongwith the revised return, the assessee claimed additional deduction amount of Rs. 1,97,290/- and Rs. 9,80,000/- on account of interest u/s. 36(1)(iii) and up front fees respectively. The claim was made on account of loans raised for set up of a new unit at Baddi (HP). The Assessing Officer, in view of the fact, that the loan was raised for setting up a new unit for creating a capital asset which was yet to come into production, disallowed the interest, relying upon Explanation 8 to section 43(1).
The Commissioner of Income Tax (Appeals) allowed the appeal of the assessee and the Tribunal rejecting the appeal of the Revenue approved the order passed by the Commissioner of Income Tax (Appeals).
The Full Bench of the Punjab and Hariyana High Court reversed the order of the Tribunal [CIT vs. Vardhaman Polytex Ltd. – 299 ITR 152 (P & H) (FB)] holding that the loan was not raised for the purpose of running of the business for its day to day requirements, but for the purpose of creating additional assets, new capacity at a new location and as such the interest on the loan was not deductible u/s. 36.
The Supreme Court reversed the order of the High Court following its judgement in Deputy CIT vs. Core Healthcare Ltd. reported in (2008) 298 ITR 194(SC).