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“disallowance of interest expenditure”

DisallowancesSection 36(1)(iii)Section 36(1)(iii)785 judgments

The decision most relied on for disallowance of interest expenditure is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 judgments on BharatTax.

Leading authorities on disallowance of interest expenditure

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

CIT v. HDFC Bank Ltd.
366 ITR 505 · 2014 · High Court
1,261
citing judgments

When an assessee possesses interest-free funds sufficient to cover investments yielding tax-free income, it is presumed that such investments were made from these interest-free funds, precluding disallowance of interest expenditure under Section 14A.

Godrej & Boyce Mfg. Co. Ltd. v. DCIT
328 ITR 81 · 2010 · High Court
1,183
citing judgments

Rule 8D, for computing disallowance under Section 14A for expenses related to exempt income, applies from Assessment Year 2008-09 onwards; for prior years, a reasonable disallowance must be made. The disallowance under Section 14A cannot exceed the actual exempt income earned.

South Indian Bank Ltd. v. CIT
438 ITR 1 · 2021 · Supreme Court
508
citing judgments

The mixed fund theory is affirmed, holding that no disallowance of interest expenditure under Section 14A can be made if the assessee possesses sufficient non-interest bearing funds, such as capital and reserves, to cover investments made in tax-free securities.

CIT v. Reliance Industries Ltd.
410 ITR 466 · 2019 · Supreme Court
501
citing judgments

When mixed funds are available, interest-free advances are presumed to be made from the assessee's own interest-free funds, preventing disallowance of interest expenditure under section 36(1)(iii). This principle also applies to section 14A disallowance, where interest expenditure is not disallowed if surplus funds are available and no direct nexus is established with borrowed funds for investments earning exempt income.

CIT v. Dalmia Cement (Bharat) Ltd.
254 ITR 377 · 2002 · High Court
417
citing judgments

When there is a nexus between an expenditure and the purpose of business, incurred on grounds of commercial expediency, the Revenue cannot question its reasonableness or assume the role of the businessman to compel profit maximization. This principle applies even if the business is not that of the assessee itself.

HDFC Bank Ltd. v. DCIT
383 ITR 529 · 2016 · High Court
408
citing judgments

Where an assessee has sufficient interest-free funds, investments yielding exempt income are presumed to be made out of such funds, precluding disallowance of related interest expenditure under section 14A.

Hero Cycles Pvt. Ltd. v. CIT
379 ITR 347 · 2015 · Supreme Court
361
citing judgments

The Revenue cannot substitute its judgment for that of a businessman regarding the necessity or reasonableness of an expenditure. If an expense is incurred wholly and exclusively for business purposes, it is deductible, and the Revenue cannot question its commercial expediency.

Judgments citing disallowance of interest expenditure

M/S Teej Impex Pvt Ltd, Mumbai vs. Dy CIT-Ward 8(3)(1), Mumbai

In the result, appeal by assessee is allowed

ITA 643/MUM/2022[2012-13]Status: DisposedITAT Mumbai13 Jul 2022AY 2012-13

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 643/मुं/2022("न.व. 2012-13) M/S. Teej Impex Pvt.Ltd. 4 Anna Bhuvan 3Rd Floor, 87C Devji Ratansi Marg, Dana Bunder, Mumbai 400 009 Pan: Aabct-9976-A ...... अपीलाथ" /Appellant बनाम Vs. Dy.Commissioner Of Income Tax, Ward 8(3)(1) Mumbai. Mumbai. Mumbai. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Dr. P.Daniel ""तवाद" "वारा/Respondent By : Shri Brajendra Kumar सुनवाई क" "त"थ/ Date Of Hearing : 13/07/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 13/07/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [ In Short ‘The Cit(A) Dated 30/03/2022 For The Assessment Year 2012-13,In Penalty Proceedings U/S. 271(1)(C) Of The Income Tax Act, 1961 [In Short ‘The Act’].

For Appellant: Dr. P.DanielFor Respondent: Shri Brajendra Kumar
Section 271(1)Section 271(1)(c)Section 41(1)

been levied by the Assessing Officer vide order dated 29/03/2019 in respect of following additions: 1. Disallowance of interest expenditure : Rs. 5,28,85,963/- 2. Cessation of liability u/s. 41(1) : Rs. 2,97,06,230/- The assessee had assailed the aforesaid additions in ITA No.2570/Mum/2017 (supra) before

Telstar Travels Private Limited, Mumbai vs. ACIT Cir-1 (3) (2), Mumbai

In the result, the assessee succeeds on ground No

ITA 5795/MUM/2019[2010-11]Status: DisposedITAT Mumbai07 Jul 2022AY 2010-11

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 5795/मुं/2019 ("न.व. 2010-11) M/S. Telestar Travels Pvt. Ltd., 208, Mistry Court, Dinshaw Wacha Road, Mumbai 400 020. Pan: Aabct-3101-D ...... अपीलाथ" /Appellant बनाम Vs. Asstt. Commissioner Of Income Tax, Circle-1(3)(2), Room No.540, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri P.P.Bhandari ""तवाद" "वारा/Respondent By : Shri Pitta Samuel सुनवाई क" "त"थ/ Date Of Hearing : 07/07/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 07/07/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-3, Mumbai ( In Short ‘The Cit(A) ’) Dated 02/08/2019 For The Assessment Year 2010-11. 2. The Assessee In Appeal Has Raised Two Grounds. In Ground No.1 Of Appeal, The Assessee Has Challenged Reopening Of Assessment. The Ld.

For Appellant: Shri P.P.BhandariFor Respondent: Shri Pitta Samuel
Section 36(1)(iii)

assessee. 5. Both sides heard, orders of the authorities below examined. The short issue in present appeal for consideration is with respect to disallowance of interest expenditure u/s. 36(1)(iii) of the Act. The Assessing Officer made disallowance u/s. 36(1)(iii) in respect of interest free advances made

DCIT 8(3)(2), Mumbai vs. Vyoman Tradelink India Pvt. Ltd.(Ealier Known As M/S. Rupee Finance and Management Pvt. Ltd.), Mumbai

In the result, the appeal filed by the revenue stands dismissed

ITA 3032/MUM/2019[2012-13]Status: DisposedITAT Mumbai29 Jun 2022AY 2012-13

Bench: Shri Amit Shukla, Jm & Shri Gagan Goyal, Am आयकरअपीलसं./ I.T.A. No. 3032/Mum/2019 (ननधधारणवर्ा / Assessment Year: 2012-13) M/S Vyoman Tradelink Dcit-8(3)(2), India Pvt. Ltd. (Earlier R. No. 615, Aayakar Known As M/S Rupee Bhavan, M. K. Road, बनाम/ Finance & Management Mumbai-400020 Pvt. Ltd.), 135, Continental Vs. Building, Dr. Annie Besant Road, Worli, Mumbai-400 018 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aabcr9194C (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Nimesh Yadav, Ld. Dr प्रत्यथीकीओरसे/Respondent By : Shri Jay Bhansali, Ld. Ar सुनवधईकीतधरीख/ : 20.06.2022 Date Of Hearing घोर्णधकीतधरीख / : 29.06.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 05.12.2018 Passed By Ld. Cit(A)-14, Mumbai

For Appellant: Shri Nimesh Yadav, Ld. DRFor Respondent: Shri Jay Bhansali, Ld. AR
Section 14Section 143(3)Section 147Section 148Section 14ASection 151(2)

computed disallowance u/s 14A at Rs. 10,30,48,274/- on dividend income of Rs. 1,70,57,826/- which mostly consisted of disallowance of interest expenditure and financial charges. Secondly, it was also submitted that during the course of original assessment proceedings, the assessee has given the detail working