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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

Strides Pharma Science Limited, Mumbai vs. Income Tax Officer, 15(3)(2), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 5721/MUM/2024[2020-21]Status: DisposedITAT Mumbai20 Mar 2025AY 2020-21

Bench: Shri Amit Shukla & Smt. Renu Jauhriआयकर अपील सं./Ita No.5721/Mum/2024 (निर्धारण वर्ष / Assessment Year :2020-21) Strides Pharma Science Limited V/S. Ito 15(3)(2), बनाम Aayakar Bhavan, New 201, Devavrata, Sector-17, Marine Lines, Mumbai-400020 Vashi, Navi Mumbai, Maharashtra-400703 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Blrs03808A .. Appellant/अपीलार्थी Respondent/प्रतिवादी निर्धारिती की ओर से /Assessee By: Shri Nishit Gandhi राजस्व की ओर से /Revenue By: Mr. R. A. Dhyani सुनवाई की तारीख / Date Of Hearing 16.01.2025 20.03.2025 घोषणा की तारीख/Date Of Pronouncement आदेश / Order Per Renu Jauhri [A.M.] :- This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Mumbai/National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”] Dated 06.09.2024 Passed U/S.250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act”] For

For Appellant: Shri Nishit GandhiFor Respondent: Mr. R. A. Dhyani
Section 143(3)Section 144Section 14ASection 250Section 35Section 37(1)

disallowed interest expenditure u/s 14A, r.w. Rule 8D(2)(ii) of the I.T. Rules.1962 and hence, we direct the AO to delete disallowance of interest expenditure u/s 14A of the I.T. Act, 1961. 30. coming back to disallowance of other expenditure under rule 8D(2)(ii) of the Income

ACIT, Circle-10(2), New Delhi vs. Gujarat Guardian Ltd., New Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed

ITA 1818/DEL/2018[2013-14]Status: DisposedITAT Delhi12 Mar 2025AY 2013-14

Bench: Shri Vikas Awasthyआअसं.1818/िद"ी/2024 (िन.व. 2016-17) Pankaj Shukla, Kachwa Road Crossing, Thatra, Uttar Pradesh 221301 ...... अपीलाथ"/Appellant Pan: Aqkps-0678-Q बनाम Vs. Income Tax Officer, Ward-3, Shankar Chowk Road, Phase V, Udyog Vihar, ..... "ितवादी/Respondent Sector-19, Gurugram, Haryana 122016 अपीलाथ" "ारा/ Appellant By : Shri Navin C. Agrawal, Chartered Accountant "ितवादी"ारा/Respondent By : Shri Om Prakash, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 07/03/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 06/06/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeal)-2, Gurgaon (Hereinafter Referred To As 'The Cit(A)') Dated 30.10.2019, For Assessment Year 2016-17. 2. Shri Navin C. Agrawal, Appearing On Behalf Of The Assessee Submits That The Solitary Issue Raised By The Assessee In Appeal Is With Regard To Disallowance Of Interest Expenditure Rs.3,11,520/-. 2.1. Narrating Facts Of The Case, He Submitted That The Assessee Is Engaged In The Business Of Manufacturing, Trading & Export Of Woolen Carpets. The Assessee

For Appellant: Shri Navin C. Agrawal, Chartered AccountantFor Respondent: Shri Om Prakash, Sr. DR
Section 143(3)

Agrawal, appearing on behalf of the assessee submits that the solitary issue raised by the assessee in appeal is with regard to disallowance of interest expenditure Rs.3,11,520/-. 2.1. Narrating facts of the case, he submitted that the assessee is engaged in the business of manufacturing, trading and export ... below examined. The short issue for consideration before the Tribunal is with regard to disallowance of expenditure Rs.3,11,520/-. The AO has disallowed aforesaid interest expenditure holding that the assessee has diverted funds for non business purposes. 4 5. The stand of assessee is that the interest expenditure claimed