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Reliance Capital Ltd, Mumbai vs Dcit Rg 3(3), Mumbai on 31 August, 2017

28. The learned CIT(A), after examining the financial statements of the assessee, recorded a finding that the assessee had own funds in the form of share capital and reserves amounting to about Rs. 12,257 crore, whereas the investments in exempt income yielding securities amounted to about Rs. 3,041 crore. On these facts, the learned CIT(A) held that the investments were fully covered by interest-free funds and therefore no disallowance of interest expenditure was warranted. While arriving at this conclusion, the learned CIT(A) relied upon the decision of the Hon'ble Bombay High Court in CIT vs. Reliance Utilities and Power Ltd. (313 ITR 340).In the present case, the factual finding recorded by the learned CIT(A) that the assessee possessed substantial interest-free funds far in excess of the investments has not been controverted by the Revenue by bringing any contrary material on record. Once such factual position is accepted, the presumption laid down by the Hon'ble Bombay High Court squarely applies and the conclusion drawn by the learned CIT(A) that no disallowance of interest expenditure was warranted does not call for any interference.
Income Tax Appellate Tribunal - Mumbai Cites 4 - Cited by 275 - Full Document
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