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february 2008

Supreme Court of India · 2008-02-08

DEPUTY COMMISSIONER OF INCOME TAX vs M/S. CORE HEALTH CARE LTD.

Citation / case number
SC 2002/8174
Court
Supreme Court of India
Petitioner
DEPUTY COMMISSIONER OF INCOME TAX
Respondent
M/S. CORE HEALTH CARE LTD.
Author
B. SUDERSHAN REDDY S.H. KAPADIA
Bench
B. SUDERSHAN REDDY S.H. KAPADIA

Judgment text excerpt

The Supreme Court addressed the issue of whether interest on borrowings for capital assets not put to use can be deducted under Section 36(1)(iii) of the Income-tax Act, 1961. The Court held that such interest is allowable as a deduction, emphasizing that the provisions of Section 36(1)(iii) should not be overridden by Explanation 8 to Section 43(1), which pertains to actual cost. The Court affirmed the decisions of the lower authorities, thereby dismissing the Department's appeals.

DEPUTY COMMISSIONER OF INCOME TAX vs M/S. CORE HEALTH CARE LTD. · Niyam