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Case Law Details

Case Name : Shri Hitesh Narendrabhai Shah (HUF) Vs. ITO (ITAT Ahemadabad)
Related Assessment Year : 2007- 2008
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Only reason advanced for making dis allowance out of the interest paid to two coparceners was that the interest paid to other parties was at 12% per annum. We find that the interest paid to two coparceners at the rate of 15% could not be said to be excessive, considering the prevailing rate of interest during the relevant assessment year 2007-2008. Once it is found that the rate of interest paid to two coparceners at 15% is not excessive, no dis allowance could be made by invoking the provisions of Section 40A(2)(b) of the Act. The loans raised from two coparcen

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