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1 - 10 of 22 (0.45 seconds)Section 36 in The Goa University Act, 1984 [Entire Act]
The Goa University Act, 1984
Commnr. Of Income Tax, Mumbai vs Tata Chemicals Ltd. on 28 March, 2003
Since the CIT(A) had followed the order of his
predecessor for the Assessment Year 2000-01, we deem it
appropriate to remand this issue back to the file of the Assessing
Officer for fresh adjudication keeping in view the judgment of the
Hon'ble Bombay High Court in the case of CIT vs. Tata Chemicals
(256 ITR 395 (Bombay) and the judgment of Hon'ble Supreme
Court in the case of DCIT vs. Core Healthcare Ltd. : 298 ITR 194
(SC). In view of the aforesaid, Ground No. [4] raised by the
Assessee is allowed for statistical purposes.
Section 37 in The Goa University Act, 1984 [Entire Act]
The Commissioner Of Income Tax-2 vs Hdfc Bank Ltd. on 5 September, 2014
and CIT v/s HDFC Bank Ltd., [2014] 366
ITR 505 (Bom.). As far as disallowance of administrative
expenses is concerned, it is the contention of the assessee
that in the preceding assessment year, it has voluntarily
disallowed 1% of the administrative expenditure attributable
to earning of exempt income. However, we have noted, in
assessment year 2001-02, the Tribunal while deciding the
issue in Revenue's appeal being ITA no.393/Mum./ 2008,
dated 2nd March 2016, has restored the issue to the
Assessing Officer for considering afresh. In view of the
aforesaid, we are inclined to restore the issue to the file of
the Assessing Officer for deciding afresh keeping in view the
directions of the Tribunal in the preceding assessment year.
Thus, ground no.2, raised by the Revenue corresponding to
ground no.3, raised by the assessee are allowed for statistical
purposes."
Reliance Capital Ltd, Mumbai vs Dcit Rg 3(3), Mumbai on 31 August, 2017
13. We have heard rival contentions and perused the material
available on record. As far as disallowance of interest
20
ITA. No. 7589 & 7508/Mum/2007
Assessment Year: 2001-02
expenditure for computing net exempt income is concerned,
we are of the view that if the investment made in exempt
income yielding assets are made out of interest free funds
available with the assessee, there cannot be any disallowance
of interest expenditure. Therefore, what is required to be
seen is whether sufficient interest free funds are available
with the assessee to make investment in exempt income
yielding assets. As per facts and material on record, surplus
interest free funds available with the assessee far exceeds
the investment made in tax free interest income yielding
assets, therefore, no disallowance of interest expenditure can
be made in view of the decision of the Hon'ble Jurisdictional
High Court in CIT v/s Reliance Utilities and Power Ltd., [2009]
313 ITR 340 (Bom.)
Section 10 in The Income Tax Act, 1961 [Entire Act]
Dcit 6 (3)(2), Mumbai vs M/S Kilitch Healthcare India Ltd., ... on 23 March, 2022
Since the CIT(A) had followed the order of his
predecessor for the Assessment Year 2000-01, we deem it
appropriate to remand this issue back to the file of the Assessing
Officer for fresh adjudication keeping in view the judgment of the
Hon'ble Bombay High Court in the case of CIT vs. Tata Chemicals
(256 ITR 395 (Bombay) and the judgment of Hon'ble Supreme
Court in the case of DCIT vs. Core Healthcare Ltd. : 298 ITR 194
(SC). In view of the aforesaid, Ground No. [4] raised by the
Assessee is allowed for statistical purposes.