← All Phrases

“Section 143(1)(a)(iii)”

Section References (mined)Section 143Section 143(1)(a)(iii)74 judgments

The decision most relied on for Section 143(1)(a)(iii) is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 judgments on BharatTax.

Leading authorities on Section 143(1)(a)(iii)

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. 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.

Maxopp Investment Ltd. v. CIT
347 ITR 272 · 2012 · High Court
516
citing judgments

Disallowance under Section 14A cannot exceed the exempt income earned. The Assessing Officer must record satisfaction regarding the assessee's accounts before making any disallowance.

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.

Judgments citing Section 143(1)(a)(iii)

Laxminarayan Ramswarup Maniyar, Jalgaon vs. Circle-1, Jalgaon

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

ITA 1203/PUN/2025[2021-22]Status: DisposedITAT Pune12 Nov 2025AY 2021-22

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1203/Pun/2025 िनधा"रण वष" / Assessment Year : 2021-22 Laxminarayan Ramswarup Vs. Acit, Circle-1, Jalgaon. Maniyar, Sitaram Ramswarup, 105, Polan Peth, Dana Bazar, Jalgaon- 425001. Pan : Aaqpm9220L Appellant Respondent Assessee By : Shri Vinay V. Kawdia Revenue By : Shri Harshit Bari Date Of Hearing : 21.08.2025 Date Of Pronouncement : 12.11.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.03.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2021-22. 2. The Assessee Has Raised The Following Grounds Of Appeal :- “1) In The Absence Of Conditions Precedent For Invoking Provisions Of S. 143(1)(A)(Iii) Of The Act, The Learned Cit(A), Nfac Has Erred In Confirming The Adjustment Of Rs. 8,03,196/- Made By Cpc U/S 143(1)(A)(Iii) Of The Act By Denying The Set Off Of Brought Forward Unabsorbed Depreciation Of Earlier Years Against Current Years Income.

For Appellant: Shri Vinay V. KawdiaFor Respondent: Shri Harshit Bari
Section 139(1)Section 143(1)Section 143(1)(a)Section 154

brought forward unabsorbed depreciation loss of Rs.8,03,196/- against the current year’s income by invoking the provisions of section 143(1)(a)(iii) and also made an addition of Rs.73,577/- to the income of the assessee and consequently an income of Rs.16,09,770/- was determined ... relevant earlier years return of income were furnished within the due date prescribed u/s 139(1) of the Act and therefore section 143(1)(a)(iii)is not attracted. Ld. AR also contended that the addition of Rs.73,577/- made by CPC is not correct since assessee himself has disallowed