In The Commissioner Of Income Tax-18 Mumbai v. Late Ratanlal M.sud ,L/H Urmila R.sud, the High Court (2011) dismissed the appeal. The decision went in favour of the assessee.
Issue: P.C. .A short question raised in this appeal is whether the Tribunal is justified in upholding the decision of CIT(A) and delete the disallowance of interest paid on the loans claimed as business expenditure.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO. 1131/2010
The Commissioner of Income Tax-18MumbaiAppellant
Vs.
Late Ratanlal M.Sud ,L/H Urmila R.SudRespondent
Mr.Suresh Kumar for appellantMr.S.S.Shetty for respondent
CORAM-J.P.DEVADHAR AND MRS.MRIDULA BHATKAR ,JJDATE - 18TH JANUARY,2011.
P.C.
.A short question raised in this appeal is whether the
Tribunal is justified in upholding the decision of CIT(A) and delete the disallowance of interest paid on the loans claimed as business expenditure.
2Perusal of the order of the Tribunal shows that the
Tribunal has recorded clear finding of fact that the entire loan and advances and unsecured loans raised by the appellant have been expended for the business purposes during the year and
therefore the interest paid on the loans is allowable as business expenditure.
3Since the finding of the Tribunal is based on finding
of fact no fault can be found with the order passed by the Tribunal.
The appeal is dismissed.
No order as to costs.
(Mrs.Mridula Bhatkar, J.)
(J.P.Devadhar,J.)
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