Assistant Commissioner of Income Tax, Ahmedabad v. Arvind Polycot Ltd.
KAPADIA, J. 1. Leave granted. B
2. In this civil appeal filed by the Department the question
of law arises for determination which question is as follows:
"Whether interest paid in respect of borrowings on capital
assets not put to use in the concerned financial year can 1 c
be permitted as allowable deduction under Section
36(1 )(iii) of the Income-tax Act, 1961 ?"
3. Our answer to the above-mentioned question is squarely '
covered by our decision in favour of the assessee and against
the Department in the case of Dy. Commr. of Income Tax, D
Ahmedabad v. Mis. Core Health Care Ltd. in Civil Appeal ,
Nos.3952-55 of 2002.
4. Accordingly the said question is answered in favour of
assessee and against the Department. Consequently the •
Department's civil appeal is dismissed with no order as to costs. E
D.G. Appeal dismissed.
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