✦ Supreme Court of India

D E Dy. Commnr. of Income Tax, Ahmedabad v. Mis. Core F Health Care Ltd. 2008

Civil Appeal No. 1182 of 2008S H KAPADIA, B SUDERSHAN REDDY, KAPADIA2 min read

Case at a glance

Bench
S H KAPADIA, B SUDERSHAN REDDY, KAPADIA

Outcome

Dismissed

Department's civil appeal is dismissed with no order as to costs

Provisions considered

Key paragraphs

  • Para 44. Accordingly the said question is answered in favour of assessee and against the Department. Consequently the • Department's civil appeal is dismissed with no order as to costs. E D.G. Appeal dismissed. 1 ...

Judgment

From the Judgment and Order dated 19.10.2005 of the G High Court of judicature of Gujarat at Ahmedabad in Tax Appeal No. 526 of 2003. P. Vishwanatha Shetty, T. Srinivasa Murthy, Gaurav Agrawal and B.V. Balaram Das for the Appellant. H 650 A ·~ -: ).. ,,., ASSISTANT COMMISSIONER OF INCOME TAX, AHMEDABAD v. ARVIND POLYCOT LTD. [KAPADIA, J.] 651, S. Ganesh, Amar Dave, Rustom B. Hathikhanawala, E.C. A Agrawala. J.P. Shah, Manish Shah, Harish J. Jhaveri, Pardiwala, Jay Savla and Reena Bagga for the Respondent. The Judgment of the Court was delivered by KAPADIA, J.

1.

Leave granted. B

2.

In this civil appeal filed by the Department the question of law arises for determination which question is as follows: "Whether interest paid in respect of borrowings on capital assets not put to use in the concerned financial year can 1 c be permitted as allowable deduction under Section 36(1 )(iii) of the Income-tax Act, 1961 ?"

3.

Our answer to the above-mentioned question is squarely ' covered by our decision in favour of the assessee and against the Department in the case of Dy. Commr. of Income Tax, D Ahmedabad v. Mis. Core Health Care Ltd. in Civil Appeal , Nos.3952-55 of 2002.

Operative part

4.

Accordingly the said question is answered in favour of assessee and against the Department. Consequently the • Department's civil appeal is dismissed with no order as to costs. E D.G. Appeal dismissed. 1 ...

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Department's civil appeal is dismissed with no order as to costs

Which statutory provisions did this judgment involve?

Income Tax Act, 1961 — s. 36(1)(iii).

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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