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Issues:
1. Disallowance under section 40A(8) of interest paid on borrowings from directors. 2. Treatment of Dharmada collections as part of trading receipts or capital. Analysis: Issue 1: Disallowance under section 40A(8) of interest paid on borrowings from directors: The appeal by the revenue concerns the disallowance under section 40A(8) of interest paid on borrowings from directors. The revenue relied on the Special Bench decision in Kalloomal Shorimal Sachdev Rangwalla (P.) Ltd. v. First ITO, while the assessee cited the Madhya Pradesh High Court decision in CIT v. Kalani Asbestos (P.) Ltd. The High Court observed that the Tribunal was justified in not disallowing interest under section 40A(8) as the amounts received from directors and shareholders were not considered deposits. The Special Bench decision determined that interest paid on current accounts transformed them into deposit accounts. As the assessee did not dispute that the amounts were deposits, the Special Bench decision applied, leading to the restoration of the assessing officer's order. Issue 2: Treatment of Dharmada collections: The appeal by the assessee focused on the treatment of Dharmada collections as trading receipts or capital. The assessee argued that the collections were intended to cover expenses based on a previous Tribunal order. However, the High Court's decision in Chunnilal Onkarlal (HUF) v. CIT highlighted regular contributions to charitable institutions over several years as a distinguishing factor. The Tribunal found that the assessee did not demonstrate a similar pattern of contributions, leading to the dismissal of the appeal. Previous findings regarding the lack of legal obligation to spend Dharmada receipts for charitable purposes were upheld, resulting in the dismissal of the assessee's appeal. In conclusion, the revenue's appeal was allowed, and the assessee's appeal was dismissed based on the distinct legal interpretations and factual circumstances surrounding the issues raised in the case.
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