Case Law Details
Case Name : DCIT Vs M/s. Patton Developers Pvt. Ltd. (ITAT Kolkata)
Related Assessment Year : 2010-11
Courts :
All ITAT ITAT Kolkata
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ITAT held that subsequent loan taken by assessee to repay his original loan is very much covered for claim the deduction u/s. 24(b) of the Act. It is clear from the facts available on record that the sum of Rs.11.63 crores was utilized for repayment of the original borrowing from M/s. Patton International Ltd is erroneous, which was admitted a loan borrowed for the purpose of acquisition of the property. In the light of the such admitted factual position, we are of the view that the deduction claimed by the Assessee has to be allowed as laid down in the proviso to Sec.24(b) of the Act.
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as per circ 28 20.08.1969 it was clearly mentioned that any new loan taken for repayment of original loan will be allowed as deduction if satisfied by the income tax officer,