Eicher Motors Limited v. Commissioner of Income-tax
[Citation -2006-LL-0706-1]
Citation | 2006-LL-0706-1 |
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Appellant Name | Eicher Motors Limited |
Respondent Name | Commissioner of Income-tax |
Court | HIGH COURT OF MADHYA PRADESH |
Relevant Act | Income-tax |
Date of Order | 06/07/2006 |
Judgment | View Judgment |
Keyword Tags | payment of interest • actual payment • term loan |
Bot Summary: | Whether, on the facts and circumstances of the case, the Tribunal erred in law in not holding the appellant entitled to deduction of the funded interest amounting to Rs. 2,89,61,025 under section 43B of the Income-tax Act 2. Whether, on the facts and circumstances of the case, the Tribunal erred in law in not holding that by funding of interest whereby the outstanding interest got converted into principal amount of loan, the outstanding interest was actually paid in terms of section 43B of the Act 3. Whether, on the facts and circumstances of the case, the Tribunal erred in law in not holding that the outstanding interest liability having been funded on October 25, 1989, the actual payment thereof took place before December 31, 1989, the due date for filing the return for the assessment year 1989-90, entitling the appellant to claim deduction in respect of the funded interest under section 43B of the Act 4. Amendment of section 43B.-In section 43B of the Income-tax Act,- after Explanation 3B, the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 1989, namely:- Explanation 3C.-For the removal of doubts, it is hereby declared that a deduction of any sum, being interest payable under clause of this section, shall be allowed if such interest has been actually paid and any interest referred to in that clause which has been converted into a loan or borrowing shall not be deemed to have been actually paid. ' after Explanation 3C as so inserted, the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 1997, namely:- Explanation 3D.-For the removal of doubts, it is hereby declared that a deduction of any sum, being interest payable under clause of this section, shall be allowed if such interest has been actually paid and any interest referred to in that clause which has been converted into a loan or advance shall not be deemed to have been actually paid'. In substance, the question that fell for consideration and was being debated in this reference in the form of questions referred at the instance of the assessee was whether the assessee is entitled to claim the benefit of deduction of funded interest under section 43B which has been converted into loan or borrowing by agreement between the lender and the assessee. As observed supra, Explanation 3C has now in clear terms provided that such conversion of interest amount into loan shall not be deemed to be regarded as actually paid amount within the meaning of section 43B. In view of clear legislative mandate removing this doubt and making the intention of the Legislature clear in relation to such transaction, it is not now necessary for this court to interpret the unamended section 43B in detail, nor is it necessary for this court to take note of facts in detail as also the submissions urged in support of various contentions except to place reliance on Explanation 3C to section 43B and answer the questions against the assessee and in favour of the Revenue. |