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2019 (6) TMI 1004 - HC - Income TaxCharacterization of expenses - Interest incurred on borrowings utilized for getting control over the management of Bhart Pulverising Mill Ltd - capital expenditure or revenue expenditure - Assessee had borrowed funds and invested the same for purchase of shares of subsidiary company - eligibility for deduction u/s 36(1)(iii) as claimed by the Assessee - HELD THAT - Similar issue was discussed by this Court PIRAMAL GLASS LIMITED 2019 (6) TMI 891 - BOMBAY HIGH COURT held that the expenditure incurred for gaining controlling interest of a subsidiary company is a business expenditure. We notice that this Court in the case of Commissioner of Income Tax, Panaji Goa V/s. Phil Corpn. Limited 2011 (6) TMI 912 - BOMBAY HIGH COURT held that the Assessee was entitled to deduction of interest on overdraft under Section 36(1)(iii) of the Act when the investment was made by the Assessee in shares of subsidiary of the company to have control over the said Company. - Decided against revneue
Issues involved:
1. Admission of the Appeal and framing substantial question of law 2. Treatment of interest as capital or revenue expenditure under Section 36(1)(iii) of the Income Tax Act Analysis: 1. The High Court considered the issue of admission of the Appeal and framing substantial questions of law. It was noted that the record did not clearly indicate whether the Appeal was admitted or when it was admitted. Despite the lack of an order admitting the Appeal and framing substantial questions of law, the Court proceeded to hear the Counsel for both parties for the admission of the Appeal. The Court expressed dissatisfaction that such a process was being carried out several years after the Appeal was initiated. 2. The main issue in this case revolved around the treatment of interest amounting to a specific sum incurred on borrowings utilized for acquiring control over the management of a company. The Respondent-Assessee had utilized interest-bearing borrowed funds to purchase shares of a subsidiary company and claimed the interest as an expenditure under Section 36(1)(iii) of the Income Tax Act. However, the Assessing Officer denied this claim. The Tribunal, in its judgment, allowed the Assessee's claim, stating that the expenditure was incurred in the course of its business adventure. The Court referred to a similar issue discussed in a previous order and highlighted the question considered in that case regarding the disallowance of interest on borrowed funds. The Court observed that the expenditure incurred for gaining controlling interest in a subsidiary company is considered a business expenditure, citing various judgments from different High Courts to support this position. 3. The Court also mentioned a similar view taken by the Division Bench of the Court in a previous case. Based on the precedents and the interpretation of the law provided by various High Courts, the Court concluded that no substantial question of law arose in this case. Consequently, the Income Tax Appeal was dismissed by the Court.
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