2015 (2) TMI 764

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..... Perusing the impugned order as well as judgment in S.A.Builders Ltd. v. Commissioner of Income Tax(Appeals) and another(2006 (12) TMI 82 - SUPREME COURT) the question of commercial expediency viz-a-viz. money advanced to sister concerns is required to be considered. The Tribunal has not considered this aspect. Counsel for the parties agree that in this view of the matter, the appeal may be remitte .....

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..... ablish a nexus between the interest bearing funds and the money advanced to the appellant's company's sister concerns? (c) In the facts and circumstances of the case whether addition of ₹ 10,08,789/- can be legally sustained in any case especially in light of the fact that the money lying with the sister concerns of the appellant-company as interest free loans is not a part of the .....

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..... commercial expediency viz-a-viz. money advanced to sister concerns is required to be considered. The Tribunal has not considered this aspect. Counsel for the parties agree that in this view of the matter, the appeal may be remitted to the Tribunal for adjudication afresh. Consequently, the appeal is allowed, order dated 10.04.2000, passed by the Income Tax Appellate Tribunal is set aside and the m .....

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