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    <title>2009 (10) TMI 908 - KERALA HIGH COURT</title>
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    <description>The High Court of Kerala found that the Tribunal erred in allowing deduction of interest paid on borrowed funds diverted by the assessee to sister concerns as interest-free loans. The Court emphasized the need for the assessee to demonstrate commercial expediency for such transactions, including establishing the business relationship, financial positions, and interest derived. As the Tribunal&#039;s decision was based on a Supreme Court ruling not available during assessment, the Court allowed the appeals, vacated the Tribunal&#039;s orders, and remanded the cases for further examination by the Assessing Officer with specific instructions for assessment procedures.</description>
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    <pubDate>Fri, 16 Oct 2009 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=179768</link>
      <description>The High Court of Kerala found that the Tribunal erred in allowing deduction of interest paid on borrowed funds diverted by the assessee to sister concerns as interest-free loans. The Court emphasized the need for the assessee to demonstrate commercial expediency for such transactions, including establishing the business relationship, financial positions, and interest derived. As the Tribunal&#039;s decision was based on a Supreme Court ruling not available during assessment, the Court allowed the appeals, vacated the Tribunal&#039;s orders, and remanded the cases for further examination by the Assessing Officer with specific instructions for assessment procedures.</description>
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      <pubDate>Fri, 16 Oct 2009 00:00:00 +0530</pubDate>
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