2015 (3) TMI 761

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..... SC & Mr Suman Kr Mishra, Jr. SC For the Respondent : None ORDER (Per: Honourable Mr. Justice Ramesh Kumar Datta) Heard learned counsel for the appellant. 2. The appeal has been filed by the Income Tax Department against the order dated 06.02.2009 passed by the Income Tax Appellate Tribunal, Patna Bench, Patna dismissing the appeal of the Department. 3. The appeal was filed befo....

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....rlier decision of the ITAT, Patna Bench dated 03.08.2007 in I.T.A. No.165/Pat/06 and 404/Pat/06 for the assessment year 2002-2003 in the assessee's own case. 5. After referring to the findings in the said order, the Tribunal also relied upon the decision of the Supreme Court in the case of S.A. Builders Vs. ACIT: [2007] 288 ITR 01 (SC) wherein it was held that interest on barrowed capital b....

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....circumstances of the respective case. For instance, if the directors of the sister concern utilize the amount advanced to it by the assessee for their personal benefit, obviously it cannot be said that such money was advanced as a measure of commercial expediency. However, money can be said to be advanced to a sister concern for commercial expediency in many other circumstances (which need not be ....