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    <title>1993 (3) TMI 41 - DELHI High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=20540</link>
    <description>HC held that section 28(iv) was inapplicable to the partners&#039; use of the firm&#039;s non-interest-bearing funds. Since the disallowance of interest under section 36(1)(iii) in the firm&#039;s assessment was deleted by the Tribunal on the finding that the firm&#039;s own interest-free funds exceeded advances to partners, the very basis for invoking section 28(iv) in the partners&#039; cases collapsed. The court further held that section 28(iv) applies only where the benefit or perquisite arising from business is non-monetary; monetary receipts are outside its scope. Accordingly, the additions made under section 28(iv) were unsustainable and the questions were answered in favour of the assessees and against the Revenue.</description>
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    <pubDate>Mon, 22 Mar 1993 00:00:00 +0530</pubDate>
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      <title>1993 (3) TMI 41 - DELHI High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=20540</link>
      <description>HC held that section 28(iv) was inapplicable to the partners&#039; use of the firm&#039;s non-interest-bearing funds. Since the disallowance of interest under section 36(1)(iii) in the firm&#039;s assessment was deleted by the Tribunal on the finding that the firm&#039;s own interest-free funds exceeded advances to partners, the very basis for invoking section 28(iv) in the partners&#039; cases collapsed. The court further held that section 28(iv) applies only where the benefit or perquisite arising from business is non-monetary; monetary receipts are outside its scope. Accordingly, the additions made under section 28(iv) were unsustainable and the questions were answered in favour of the assessees and against the Revenue.</description>
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      <pubDate>Mon, 22 Mar 1993 00:00:00 +0530</pubDate>
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