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july 1991

Supreme Court of India · 1991-07-12

BADAL RAM LAXMI NARAIN vs C.I.T. LUCKNOW

Citation / case number
SC 1979/62821
Court
Supreme Court of India
Petitioner
BADAL RAM LAXMI NARAIN
Respondent
C.I.T. LUCKNOW
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court held that under Section 36(1)(iii) of the Income Tax Act, 1922, interest paid on borrowed capital is an allowable deduction if the capital is used for business purposes. The Court found that the Tribunal correctly concluded that the firm took over the debit balance of the HUF in consideration of goodwill, which was not disputed by the High Court. The Court emphasized that the rights of the assessee should be prioritized over the personal liabilities of HUF members, allowing the appeals and affirming the Tribunal's decision.

BADAL RAM LAXMI NARAIN vs C.I.T. LUCKNOW · Niyam