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february 2005

Supreme Court of India · 2005-02-11

Bhuna Coop. Sugar Mills Ltd vs Commissioner Of Income Tax,Rohtak & Anr

Court
Supreme Court of India
Petitioner
Bhuna Coop. Sugar Mills Ltd
Respondent
Commissioner Of Income Tax,Rohtak & Anr
Bench
N.Santosh Hegde, S.B.Sinha

Judgment text excerpt

The Supreme Court ruled that the appellant, a cooperative sugar mill, is entitled to a deduction of interest payable on loans from non-financial institutions under Section 43B of the Income Tax Act. The Court found that the lower courts erroneously concluded that the loans were from Haryana Financial Corporation, which was incorrect, as the loans were from IFCI, IDBI, ICICI, and Harcoo Bank. The Court held that the High Court failed to properly consider the appellant's arguments regarding the applicability of Section 141(1)(A) and the imposition of additional tax, thus allowing the appeal and setting aside the High Court's order.

Bhuna Coop. Sugar Mills Ltd vs Commissioner Of Income Tax,Rohtak & Anr · Niyam