Supreme Court of India · 2000-04-10
V.M. Salgaocar And Bros. Pvt. Ltd. Etc. ... vs Commissioner Of Income Tax Etc
- Court
- Supreme Court of India
- Petitioner
- V.M. Salgaocar And Bros. Pvt. Ltd. Etc. ...
- Respondent
- Commissioner Of Income Tax Etc
- Author
- D.P. Wadhwa
- Bench
- D.P. Wadhwa, S.S. Mohammed Quadri
Judgment text excerpt
The Supreme Court addressed the interpretation of Section 40A(5) and Section 17(2) of the Income Tax Act, 1961, concerning the disallowance of interest on loans to directors. The Court held that the Appellate Tribunal was correct in deleting the addition made by the Income Tax Officer, as there was insufficient evidence to show that borrowed funds were diverted for the directors' benefit. The Court affirmed the Tribunal's view that non-charging of interest on the debit balance did not constitute a perquisite, thereby upholding the Tribunal's decision in favor of the assessee.