Assessment time-barred u/s 153 due to missing competent-authority reference for Singapore exchange of information; assessment disallowed as barred by ...
Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
ITAT allowed the assessee-firm's appeal and deleted the disallowance of interest expenditure u/s 36(1)(iii). The Revenue had treated partners' drawings routed through an overdraft account as diversion of interest-bearing funds for non-business purposes, relying on negative capital balances. ITAT held that in a capital-intensive ship recycling business, partners' drawings are a normal incident of partnership and that overall interest-free funds (partners' capital and trade liabilities) exceeded such drawings. No direct nexus between borrowed funds and non-business advances was established. The negative capital was mainly due to a non-cash diminution already disallowed earlier, and day-wise working of interest-free funds remained unrebutted.
ITAT allowed the assessee-firm's appeal and deleted the disallowance of interest expenditure u/s 36(1)(iii). The Revenue had treated partners' drawings routed through an overdraft account as diversion of interest-bearing funds for non-business purposes, relying on negative capital balances. ITAT held that in a capital-intensive ship recycling business, partners' drawings are a normal incident of partnership and that overall interest-free funds (partners' capital and trade liabilities) exceeded such drawings. No direct nexus between borrowed funds and non-business advances was established. The negative capital was mainly due to a non-cash diminution already disallowed earlier, and day-wise working of interest-free funds remained unrebutted.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
