← All Phrases

“interest free advances”

DisallowancesSection 36(1)(iii)Section 36(1)(iii)565 judgments

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

Leading authorities on interest free advances

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.

S.A. Builders Ltd. v. CIT
288 ITR 1 · 2007 · Supreme Court
1,484
citing judgments

Interest paid on borrowed funds cannot be disallowed merely because the assessee made interest-free advances, provided those advances were made for business purposes and commercial expediency. The Revenue cannot dictate a businessman's commercial decisions, but the assessee bears the onus to prove the business expediency.

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.

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.

CIT v. Abhishek Industries Ltd.
286 ITR 1 · 2006 · High Court
359
citing judgments

For interest on borrowed capital to be deductible under Section 36(1)(iii), there must be a nexus between the use of the borrowed funds and the purpose of the business. This decision has been overruled by the Supreme Court in Munjal Sales Corporation v. CIT (2008).

Munjal Sales Corporation v. CIT
298 ITR 298 · 2008 · Supreme Court
191
citing judgments

The Supreme Court approves the mixed fund theory, holding that no interest disallowance is warranted under section 36(1)(iii) if investments or advances are made from the assessee's own non-interest bearing funds, even when mixed funds are available. This presumption applies when non-interest bearing funds are sufficient to meet the investments.

East India Pharmaceutical Works Ltd. v. CIT
224 ITR 627 · 1997 · Supreme Court
146
citing judgments

Where an assessee has mixed funds (both interest-bearing and interest-free funds) and makes an interest-free advance or investment, it is presumed that the interest-free funds were utilized first if they are sufficient to cover such advances or investments. This prevents disallowance of interest on borrowed funds under Section 36(1)(iii).

Judgments citing interest free advances

M/S Knitwell India Pvt. Ltd., Chandigarh vs. DCIT, C-1(1), Chandigarh

In the result, appeal of the assessee is partly allowed

ITA 1609/CHANDI/2018[2014-15]Status: DisposedITAT Chandigarh27 Jan 2026AY 2014-15

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 1609/Chd/2018 "नधा"रण वष" / Assessment Year. : 2014-15 M/S Knitwell India Pvt. Ltd., The Dcit, Plot No. 278, Industrial Area, Vs Circle 1(1), Phase-Ii, Chandigarh. Chandigarh. "थायी लेखा सं./Pan No: Aacck4673L अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Ms. Shruti Khandelwal, Advocate Revenue By : Shri Vivek Vardhan, Addl. Cit Sr.Dr Date Of Hearing : 24.11.2025 Date Of Pronouncement : 27.01.2026 O R D E R Physical Hearing Per Raj Pal Yadav, Vp

For Appellant: Ms. Shruti Khandelwal, AdvocateFor Respondent: Shri Vivek Vardhan, Addl. CIT Sr.DR
Section 143(2)Section 14ASection 36(1)(iii)

have gone through the record carefully. The case of the assessee is that it has far more interest free funds than the interest free advances given by it to various persons or investment made in equities. The assessee has returned income of Rs.451.32 lacs. He also made reference ... Appeals) and held that if assessee has more interest free funds than the investments made in equity A.Y. 2014-15 4 shares or interest free advances given to individuals, then no interest expenditure ought to be disallowed to the assessee. The Tribunal was of the view that when mixed funds

Saurashtra Cement Limited, Porbandar vs. The Principal Commissioner of Income Tax, Jamnagar

In the result, appeal filed by the assessee is allowed

ITA 307/RJT/2024[2018-19]Status: DisposedITAT Rajkot08 Jan 2026AY 2018-19

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.307/Rjt/2024 िनधा"रणवष"/ Assessment Year: 2018-19 Saurashtra Cement Ltd. Principal Commissioner Of Near Railway Station, बनाम Income Tax, Jamnagar, Saurashtra Cement Factory, Jamnagar Vs. P.O. Ranavav, Adityana Road, Porbandar, Gujarat-360560 Pan : Aahfs5211J (अपीलाथ"/Assessee) : (""थ"/Respondent) िनधा"रती की ओर से/Assessee By : Shri Vimal Desai, Ld.Ar राज" की ओर से/Revenue By : Shri Sanja Punglia, Ld. Cit-Dr सुनवाई की तारीख/Date Of Hearing : 16/10/2025 घोषणा की तारीख/Date Of Pronouncement : 08/01/2026 Order

For Appellant: Shri Vimal Desai, ld.ARFor Respondent: Shri Sanja Punglia, Ld. CIT-DR
Section 143(3)Section 14ASection 263Section 36(1)(iii)

that "the question of diversion of interest-bearing funds of Saurashtra Cement Ltd. ITA No.307 /RJT/2024 (AY : 2018-19) 5 current year as interest free advance or loan does not arise and correspondingly, the question of disallowance of interest shall also not arise. 7. However, learned PCIT rejected the above ... Lakhs which are more than the loans and deposit amount and it a settled position of the law that the interest free advances, if any, are to be considered as made out of interest free funds and not otherwise. Therefore, order passed by Saurashtra Cement Ltd. ITA No.307 /RJT/2024

Neelkanth Realtors Limited, Mumbai vs. Income Tax Officer, Ward 3(2)(3), Mumbai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 5206/MUM/2025[2017-2018]Status: DisposedITAT Mumbai17 Dec 2025AY 2017-2018

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2017-18 Neelkanth Realtors Limited, Income Tax Officer, 508, Dalamal House, Ward-3(2)(3), J.B. Marg, Vs. Maharshi Karve Road, Nariman Point, New Marinelines, Mumbai-400021. Mumbai-400020. Pan : Aaaca9796N (Appellant) (Respondent) For Assessee : Shri Pratik A. Mehta For Revenue : Shri Brajendra Kumar, Sr.Dr Date Of Hearing : 03-12-2025 Date Of Pronouncement : 17-12-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 31-07-2025, Pertaining To Assessment Year (Ay) 2017-18. 2. Briefly Stated, Facts Of The Case Are That The Assessee Filed Its Return Of Income Declaring Total Income Of Rs. 10,71,080/-, Which Was Selected For Scrutiny & Notices U/S. 143(2) & 142(1) Of The Income Tax Act, 1961 („The Act‟) Were Issued. In Response, The Assessee Filed Its Submissions From Time To Time, Thereafter The Assessment Order Was Passed By The Ao

For Appellant: Shri Pratik A. MehtaFor Respondent: Shri Brajendra Kumar, Sr.DR
Section 143(2)Section 143(3)Section 14A

considered the whole amount as interest expenditure amounting to Rs. 13,86,42,833/-. It was further submitted that the assessee has given interest free advances of Rs. 31,99,85,128/- and not Rs. 32,07,58,944/- as wrongly stated by the AO. 5. Regarding findings ... instead of Rs. 85,80,84,360/-, interest expenditure of Rs. 13,86,42,833/- instead of Rs. 12,69,95,449/-, interest free advances of Rs. 32,07,58,944/- instead of Rs. 31,99,85,128/-. Further, we find that the assessee during the course of assessment proceedings

M/S Vatsana Technologies Pvt. Ltd., Uttar Pradesh vs. Assistant Commissioner of Income Tax, Gurgaon

The appeal of the assessee is partly allowed

ITA 2172/DEL/2025[2015-16]Status: DisposedITAT Delhi05 Dec 2025AY 2015-16

Bench: Shri Mahavir Singh & Shri Manish Agarwalasst. Cit, M/S Vatsana Technologies Pvt. Circle-4(1), Gurugon, Ltd., Vs. Haryana. C/O Malik & Co. (Advisors & Advocates-Since 1927), 305/7, Thapar Nagar, Meerut-250001, Uttar Pradesh. Pan-Aadcv7329R (Appellant) (Respondent) Assessee By None Department By Shri Krishna Kumar Ramawat, Sr. Dr Date Of Hearing 03/12/2025 Date Of Pronouncement 05/12/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-1, Gurugaon (‘Ld. Cit(A)’ In Short), Dated 29.11.2018 In Appeal No. 630/17-18, A.Y. For Ay 2015-16. 2. None Appeared On Behalf Of The Assessee. The Ld. Sr. Dr Supports The Order Of The Lower Authorities & Requested For The Confirmation Of The Same.

bank statement and ITR of the lender companies. Further addition of Rs. 2,15,340/- as made towards the notional interest income on interest free advances. Besides this, AO also disallowed the interest on the unsecured loan paid to M/s Mysore Finlease Pvt. Ltd. IN first appeal ... confirmed the addition towards the notional interest as the assessee was not able to prove the nexus between the interest free fund and interest free advances given. 4. Looking to the entirety of facts it appears that assessee should be provided one more opportunity to file all the necessary documents