The Appellate Tribunal considered the disallowance of interest ...

ITAT allows additional evidence for loan interest disallowance. Livestock expenditure not capitalizable. Profit from livestock sale is business income.

Case Laws     Income Tax

June 27, 2024

The Appellate Tribunal considered the disallowance of interest paid on a loan from Hyderabad Mutual Benefit Society. The Tribunal found that the documents certifying the loan were not available to the Assessing Officer before the assessment order. The Tribunal directed the assessee to file an application for admission of additional evidence. Regarding the disallowed expenditure on livestock, the Tribunal held that livestock is not a capital asset, and thus, the expenditure cannot be capitalized. The Tribunal dismissed the appeal on this ground. Additionally, the Tribunal determined that the profit on the sale of livestock should be treated as business income, not capital gain, as livestock is considered stock-in-trade. The Tribunal remanded the issue of computing total income from the purchase of livestock to the Assessing Officer for further verification.

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