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Issues involved: Appeal by Revenue against CIT(A)'s order deleting interest payable on loans which had not crystallized nor ascertained.
Summary: The appeal involved the Revenue contesting the deletion of interest payable on loans by CIT(A) due to non-crystallization and non-ascertainment. The assessee debited a substantial sum as interest on loans in the Profit & Loss Account, claiming repayment of a portion. The Assessing Officer disallowed the balance amount u/s 43B(d) of the Act. The CIT(A) deleted the addition based on a previous Tribunal order in the assessee's case for AY 2003-04. The Revenue argued against this deletion, while the assessee relied on the previous order to support the CIT(A)'s decision. Upon review, the Tribunal found that a similar issue had been addressed in the assessee's case for AY 2003-04, where the Tribunal allowed the deduction of interest. The Tribunal analyzed the loan agreement terms and relevant sections of the Act, concluding that the interest had accrued and the liability had crystallized, thus supporting the assessee's claim. The Tribunal noted that neither the Government of Tamil Nadu nor Infrastructure Leasing & Financial Services Ltd. fell within the definition of Public Financial Institution, rendering the application of Explanation 3(c) of Section 43B(d) irrelevant. As the Revenue failed to provide any distinguishing features or evidence to challenge the previous Tribunal order, the Tribunal upheld the CIT(A)'s decision and dismissed the Revenue's appeal. In conclusion, the Tribunal confirmed the CIT(A)'s order, emphasizing the accrual of interest and the absence of Public Financial Institutions in the loan agreement, leading to the dismissal of the Revenue's appeal.
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