COMMISSIONER OF INCOME TAX, AHMEDABAD Vs. GUJARAT CYPROMET LTD
LAWS(SC)-2019-2-179
SUPREME COURT OF INDIA
Decided on February 21,2019

COMMISSIONER OF INCOME TAX, AHMEDABAD Appellant
VERSUS
Gujarat Cypromet Ltd Respondents

JUDGEMENT

- (1.) We have heard Mr. Sanjay Jain, learned ASG appearing for the appellant. Despite service, no one is present on behalf of the respondent.
(2.) This appeal has been filed against the judgment dated 31.08.2006 passed by the High Court of Gujarat in Tax Appeal No. 231 of 2006, whereby the High Court dismissed the Tax Appeal filed by the appellant.
(3.) The respondent - assessee filed a return of income showing total loss of Rs.3,76,70,656/- on 31.10.2001. The said return was processed and the statutory notice was issued. The assessment order was passed on 17.03.2004 for the assessment year 2001-02. In the present case, the High Court had admitted the appeal only on the following question of law: "Whether on the facts and circumstances of the case, the Appellate Tribunal was right in law and on facts in deleting the addition made u/s 43B of the Income Tax Act, 1961 on conversion of upaid interest into a funded interest loan treating the same as interest payment?";


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