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Income Tax

No disallowance for interest if own funds exceeds investments in OPCD

Case Law Details

Case Name
DCIT Vs Macrotech Developer Ltd (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2015-16
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DCIT Vs Macrotech Developer Ltd (ITAT Mumbai) ITAT concur with the view taken by the CIT(A) that as the assessee had own funds which were far more than the investments in OPCD, therefore, the presumption would be that the investments were made from own funds and no disallowance of any part of interest expenditure claimed by the assessee u/s 36(1)(iii) was called for in the hands of the assessee. Our aforesaid view is fortified by the judgments of the Hon’ble High Court of Bombay in the case of CIT vs. Reliance Utilities, 313 ITR 340 (Bom) and CIT-2, Mumbai Vs. HDFC Bank Ltd., 366 ITR 505...
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