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Income Tax

In absence of any material change revenue cannot take a view different from earlier view

Case Law Details

TaxGuru Citation
2015 taxguru.in 1052
Case Name
M/s. Bajrang Wire Products (India) Pvt. Ltd. Vs The Addl. CIT (ITAT Jaipur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2008-09
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M/s. Bajrang Wire Products (India) Pvt. Ltd. Vs. The Addl. CIT (ITAT Jaipur) In the present case the matter before the ld. CIT (A) was payment of interest for the A.Y. 2006-07 and also for A.Y. 2008-09. In both the matters, the interest was restricted by the AO to 12% whereas in the matter for A.Y. 2006-07, the CIT (A) has uphold the payment of interest @ 15%. In the assessment year under consideration before us, the ld. CIT (A) has restricted it to 13.5% despite the fact that in the earlier assessment year the payment of interest @ 15% has been upheld. We do not find any justification in the order passed by the ld. CIT (A). The reason given by the AO were also available with him when ld. CIT (A) has passed the assessment order for A.Y. 2006-07. Since there is no material change in the circumstances, therefore, the interest payable cannot be reduced to 13.5%. Therefore, we are of the view that the orders passed by AO and Id. CIT (A) are required to be set aside and we accordingly held that the 15% interest claimed by the assessee for the loan borrowed is allowed.

INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR

BEFORE: SHRI T.R.MEENA, AM & SHRI LALIET KUMAR, JM

ITA Nos. 138/JP/2014 -Assessment Years : 2008-09.

M/s. Bajrang Wire Products (India) Pvt. Ltd. Vs. The Addl. CIT

Assessee by : Shri Ashok Holani (C.A.)

Revenue by : Shri Rajendra Singh, (JCIT)

Date of Hearing: 08. 10.2015. Date of Pronouncement: 21/10/2015.

ORDER

PER SHRI LALIET KUMAR, J.M.

This an appeal filed by the Assessee against the order of ld. CIT (A)-II, Jaipur dated 17.12.2013 for the A.Ys. 2008-09. The grounds raised in the appeals are as under :-

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