8. Having heard the rival contentions and on a perusal of the orders
of the authorities below and the case law relied upon by the learned
Counsel for assessee, we find that the issue for our adjudication is
covered by the decision of the Hon'ble Jurisdictional High Court in KEC
Holdings Ltd. (supra), wherein the Hon'ble Bombay High Court
observed as follows:-
14. With respect to category (a) no interest was accrued from them. The Ld.
Counsel placed reliance on the decision of Hon'ble jurisdictional High Court in
CIT vs. of KEC Holdings Ltd.( ITA No 221 of 2012 dated 11.6.14) wherein the
assessee was held justified in not accruing interest in respect of debtors which
had become NPA. With respect to category (b), the Ld. Counsel submitted that
10
ITA No.7174 to 7176/MUM/2010
Assessment Year: 2000-01 to 2003-04
&
ITA 5531/MUM/2013
Assessment Year: 2006-07
&
ITA 7177/Mum/2010
Assessment Year: 2007-08
as per the books of account placed on record, no interest was charged from
them at any point of time.
b. Considering the intention of the legislation enacting the provisions of
section 269SS and 269T by itself cannot be applied to the appellant's
case on the ground that there was no intention to generate black money;
c. The courts have been treating NBFCs at par with banking companies
for income tax purposes [referred CIT V. KEC Holdings Ltd (IT Appeal
No.221 of 2012 dated 11.06.2014; CIT Vs Mahila Seva Sahakari Bank
Limited (Cooperative Bank) (2017) 395 ITR 324 (Gujrat High Court) and
CIT Vs Vasisth Chai Vyapar Limited (NBFC) 410 ITR 244 SC] ;
d. No penalty where cash has been deposited into bank though it has
been normally received in excess of threshold limits. The Appellant
further added that in the instant case, repayment has been made to the
Mahindra loan account which has been duly reported by the NBFC
recipient. The Court has appreciated the fact that though loan has been
obtained by way of cash, since the amount has been subsequently
deposited into bank account, such amount has to be regarded as routed
through banking channels.