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may 2008

Supreme Court of India · 2008-05-06

Commr.Of Income Tax-I,Ahmedabad vs M/S. Ashini Lease Finance P.Ltd

Citation / case number
AIRONLINE 2008 SC 351
Court
Supreme Court of India
Petitioner
Commr.Of Income Tax-I,Ahmedabad
Respondent
M/S. Ashini Lease Finance P.Ltd
Bench
B. Sudershan Reddy, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed the issue of whether interest paid by the assessee to M/s. Torrent Financiers was allowable as expenditure under Section 36(1)(iii) of the Income Tax Act. The Court found that the High Court erred in dismissing the appeals without considering the potential circular trading aimed at tax evasion. Consequently, the Supreme Court set aside the High Court's judgment and restored the tax appeals for reconsideration, emphasizing the need to address substantial questions of law.

Commr.Of Income Tax-I,Ahmedabad vs M/S. Ashini Lease Finance P.Ltd · Niyam