<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2008 (2) TMI 19 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=3088</link>
    <description>The SC allowed the assessee&#039;s appeals, holding that the firm was entitled to claim interest deductions under s.36(1)(iii) read with s.40(b)(iv) of the 1961 Act where loans continued for business purposes and interest rates did not exceed prescribed limits. The Court treated s.40 as corollary to ss.30-38, not standalone, placing on the assessee the burden to show entitlement and absence of disqualification. The Tribunal&#039;s finding that a Rs.5 lakh interest-free advance was not from own funds was erroneous given the firm&#039;s opening balance; High Court judgments were set aside and appeals allowed.</description>
    <language>en-us</language>
    <pubDate>Tue, 19 Feb 2008 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 10 Sep 2025 14:41:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=42440" rel="self" type="application/rss+xml"/>
    <item>
      <title>2008 (2) TMI 19 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=3088</link>
      <description>The SC allowed the assessee&#039;s appeals, holding that the firm was entitled to claim interest deductions under s.36(1)(iii) read with s.40(b)(iv) of the 1961 Act where loans continued for business purposes and interest rates did not exceed prescribed limits. The Court treated s.40 as corollary to ss.30-38, not standalone, placing on the assessee the burden to show entitlement and absence of disqualification. The Tribunal&#039;s finding that a Rs.5 lakh interest-free advance was not from own funds was erroneous given the firm&#039;s opening balance; High Court judgments were set aside and appeals allowed.</description>
      <category>Case-Laws</category>
      <law>Income Tax</law>
      <pubDate>Tue, 19 Feb 2008 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=3088</guid>
    </item>
  </channel>
</rss>