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Nival Developers Pvt. Ltd. vs. ITO-6(3)(1)

Case No: I.T.A. No. 1027/Mum/2024 (A.Y. 2013-14)
Court: Income Tax Appellate Tribunal, Mumbai 'SMC' Bench
Date: 30 Sep 2024

Parties Involved

appellantNival Developers Pvt. Ltd.
respondentITO-6(3)(1)

Facts Summary

Nival Developers Pvt. Ltd., as a successor to Float Developers Pvt. Ltd., appealed against the decision of the Assessing Officer and the Commissioner of Income Tax (Appeals) to assess interest income as 'income from other sources'. The appellant argued that the interest income should be assessed as 'income from business'. The appellant also raised a procedural ground that the Commissioner of Income Tax (Appeals) did not grant an opportunity for a hearing through video conferencing and did not consider the written submissions filed by the appellant. The appellant relied on several cases to support their argument. The Department relied on the orders of the Assessing Officer and the Commissioner of Income Tax (Appeals).

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the interest income received by the appellant is to be assessed as 'income from other sources' or 'income from business'.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

2 precedents cited in this judgement.

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