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“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

Ashish Jindal, Delhi vs. ITO Ward- 52(4), New Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 4383/DEL/2019[2015-16]Status: DisposedITAT Delhi03 Aug 2021AY 2015-16

Bench: Shri R.K. Pandaassessment Year: 2015-16 Ashish Jindal, Vs Ito, 8, Sundar Nagar, Ward-52(4), Delhi. New Delhi. Pan: Aexpj2013H (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate & Shri Ashish Goel, Ca Revenue By : Shri Vijay Kumar Kataria, Sr. Dr Date Of Hearing : 26.07.2021 Date Of Pronouncement : 03.08.2021 Order This Appeal Filed By The Assessee Is Directed Against The Order Dated 11Th April, 2019 Of The Cit(A)-18, New Delhi, Relating To Assessment Year 2015-16. 2. This Appeal Was Earlier Dismissed By The Tribunal For Non-Prosecution. Subsequently, The Tribunal Recalled Its Order Vide Ma No.205/Del/2020, Order Dated 11.06.2021. Hence, This Is A Recalled Matter.

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri Vijay Kumar Kataria, Sr. DR
Section 36Section 36(1)(ii)Section 36(1)(iii)Section 37(1)

impugned assessment year. He noted that this interest is paid on secured loan of Rs.2,26,52,053/- whereas he has also given interest-free advance of Rs.1,12,03,500/-. He, therefore, asked the assessee as to why proportionate interest should not be disallowed ... satisfied with the arguments advanced by the assessee and disallowed an amount of Rs.27,11,471/- being the proportionate interest on interest free advance of Rs.1,12,03,500/- . In appeal, the ld.CIT(A), following the decision of Punjab & Haryana High Court in the case of CIT vs. Abhishek Industries

DCIT, New Delhi vs. M/S. Et Infra Developers Pvt. Ltd., New Delhi

In the result, appeal filed by the Revenue is dismissed and the Cross Objection filed by the assessee is partly allowed

ITA 3563/DEL/2016[2011-12]Status: DisposedITAT Delhi28 Jul 2021AY 2011-12

Bench: Shri R.K. Panda & Ms. Suchitra Kamble[Assessment Year: 2011-12] Dy. Commissioner Of Income M/S Et Infra Developers Pvt. Tax, Ltd. Central Circle-28, Room E-9, Panchsheel Park, No.317, Ara Centre, New Delhi-110017 Jhandewalan, New Delhi-110055 Pan-Aacce3646D Revenue Assessee Cross Objection No.277/Del/2016 (Arising Out Of Ita No.3563/Del/2016) [Assessment Year: 2011-12] M/S Et Infra Developers Pvt. Dy. Commissioner Of Income Ltd. Tax, E-9, Panchsheel Park, Central Circle-28, Room New Delhi-110017 No.317, Ara Centre, Jhandewalan, New Delhi-110055 Pan-Aacce3646D Assessee Revenue Revenue By Sh. Satpal Gulati Cit-Dr Assessee By Sh. M.P. Rastogi, Advocate

Section 132Section 153A

cannot compel an assessee to charge the interest. However, where the assessee has utilized the interest bearing borrowed funds in making interest free advances, not meant for business purposes, the proportionate interest in terms of Section 36(1)(iii) of the Act may be disallowed. 25.3 He submitted that ... assessee and the Act cannot compel an assessee to charge the interest especially when no borrowed funds have been utilized for making interest free advances. Since, in the instant case, the assessee has substantiated with evidences to the satisfaction of the learned CIT(A) as well as before us that

Ambawatt Buildwell Pvt. Ltd., New Delhi vs. Pr. CIT (C), Gurgaon

In the result, the appeal filed by the assessee is allowed

ITA 2552/DEL/2017[2014-15]Status: DisposedITAT Delhi21 May 2021AY 2014-15

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2014-15 Ambawatt Buildwell Pvt. Ltd., Vs Pr. Cit (C), Kh 267, 1St Floor, 7Th Floor, Hsiidc Building, Chatterpur Enclave, Udyog Vihar, Phase-V, Mehrauli, Gurgaon. New Delhi. Pan: Aagca0991B (Appellant) (Respondent) Assessee By : Shri P.C. Yadav, Advocate Revenue By : Shri Satpal Gulati, Cit, Dr Date Of Hearing : 10.03.2021 Date Of Pronouncement : 21.05.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17Th February, 2017 Passed U/S 263 Of The Act By The Cit, Central, Gurgaon, Relating To Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Real Estate. It Filed Its Return Of Income On 30Th September, 2014, Declaring Nil Income. The Case Of The Assessee Was Selected For Compulsory Scrutiny & A Notice U/S 143(2) Of The Act Was Issued To The Assessee On 20Th September, 2015. Notice U/S 142(1) Along With A Questionnaire Was Also Issued On 12Th May, 2016. In Response To The Statutory Notices Issued By The Ao, The Assessee Appeared Before Him From Time To Time & Furnished Replies Which Were Kept On Record. The Ao, On The Basis Of Various Details Furnished Before Him, Disallowed An Amount Of Rs.3,91,936/- U/S 40A(3) Out Of Car Repairs & Maintenance & Determined The Total Loss Of The Assessee At Rs.94,25,270/- As Against The Returned Loss Of Rs.98,17,203/-.

For Appellant: Shri P.C. Yadav, AdvocateFor Respondent: Shri Satpal Gulati, CIT, DR
Section 142(1)Section 143(2)Section 2(22)(e)Section 263Section 40A(3)

relief may be granted to the assessee. 13 So far as the next charge made by the PCIT against the AO that interest free advances were for non business purposes, and the AO failed to disallow the finance cost is concerned, he submitted that in the current year no advances ... disallowed any depreciation on finance cost. 15.6 So far as the issue relating to disallowance of proportionate interest on interest free advances to sister concerns is concerned, it is an admitted fact that most of these advances were given in the preceding years and no such disallowances were made