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“interest on securities”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(28B) / ITR Schedule OS681 judgments

The decision most relied on for interest on securities is South Indian Bank Ltd. v. CIT (438 ITR 1), cited in 508 judgments on BharatTax.

Leading authorities on interest on securities

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. Punjab State Cooperative Agricultural Development Bank Ltd.
389 ITR 68 · 2016 · High Court
192
citing judgments

Income earned by a cooperative society from investing its surplus funds in short-term deposits and securities is not attributable to its core activities and therefore not eligible for deduction under Section 80P(2)(a)(i) of the Income-tax Act.

CIT v. Microlabs Ltd.
383 ITR 490 · 2016 · High Court
175
citing judgments

If an assessee possesses interest-free funds exceeding investments in tax-free securities, it is presumed that investments are made from these own funds, precluding disallowance of interest expenditure under Section 14A read with Rule 8D(2)(ii). Additionally, weighted deduction under Section 35(2AB) is computed on the gross expenditure incurred, not net expenditure after reducing income earned.

CIT v. Southern Eastern Employees Cooperative Credit Society Ltd.
390 ITR 524 · 2017 · High Court
170
citing judgments

Income from surplus funds invested in short-term deposits and securities by a cooperative credit society is not attributable to its activities and is therefore not eligible for exemption under section 80P(2)(a)(i) of the Income-tax Act.

CIT v. Vijaya Bank
187 ITR 541 · 1991 · Supreme Court
116
citing judgments

The 'broken period interest' paid on securities is considered part of the capital outlay for acquiring those securities and cannot be allowed as a revenue expenditure or business deduction. It must be capitalized.

American Express International Banking Corporation v. CIT
258 ITR 601 · 2002 · High Court
90
citing judgments

Interest paid by banks is allowable as a deduction in computing total income. The decision distinguished the Supreme Court's ruling in Vijaya Bank regarding the deductibility of such interest.

CIT v. Moni Kumar Subba
333 ITR 38 · 2011 · High Court
78
citing judgments

Notional interest on an interest-free security deposit cannot be considered as actual or deemed rent under Section 23(1) of the Act. For determining Annual Letting Value (ALV) under Section 23(1)(a), it must be in accordance with municipal laws, considering extraneous circumstances, but not exceeding the standard rent as per rent control legislation.

1. Bihar State Co-operative Bank Ltd. v. CIT
39 ITR 114 · 1960 · Supreme Court
76
citing judgments

Interest income earned by a co-operative bank from the investment of its surplus funds, including those statutorily required to be placed in approved securities, is attributable to its banking business and qualifies for deduction under Section 80P(2)(a)(i).

Judgments citing interest on securities

M/S. Kankaria Maninagar Nagrik Sahakari Bank Ltd., Ahmedabad vs. The Dy. CIT, Circle-6(1), Ahmedabad

In the result, appeal preferred by the assessee is allowed

ITA 2350/AHD/2018[2012-13]Status: DisposedITAT Ahmedabad08 May 2024AY 2012-13

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 2349 & 2350/Ahd/2018 ("नधा"रण वष" / Assessment Year : 2012-13) Kankaria Maninagar Deputy Commissioner Of बनाम/ Nagarik Sahakari Bank Income Tax Vs. Circle – 6(1), Ahmedabad Ltd. Bhagwan Chamber, Maninagar Char Rasta, Maninagar, Ahmedabad 380008 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaak6862D (Appellant) .. (Respondent) Shri Rahul Patel, A.R. अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri V. K. Mangla, Sr. Dr Date Of Hearing 29/04/2024 Date Of Pronouncement 08/05/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Two Appeals Are Filed By The Assessee Against Separate Orders Of The Commissioner Of Income Tax (Appeals)-6, Ahmedabad, (In Short ‘The Cit(A)’) Dated 27.09.2018 For The Assessment Year 2012-13. While One Appeal Is Against Order U/S. 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’), The Other One Is Against The Rectification Order U/S. 154 Of The Act. These Appeals Were Heard Together And

For Respondent: Shri V. K. Mangla, Sr. DR
Section 143Section 143(3)Section 147Section 154

second issue is concerned, both the interest payments and receipts must be regarded as revenue payments/receipts, and only the net interest on securities shall be brought to tax as business income. Circular : No. 599, dated 24-4-1991” 7. CBDT has categorically clarified that the securities held by Banks must

M/S. Kankaria Maninagar Nagrik Sahakari Bank Ltd., Ahmedabad vs. The Dy. CIT, Circle-6(1), Ahmedabad

In the result, appeal preferred by the assessee is allowed

ITA 2349/AHD/2018[2012-13]Status: DisposedITAT Ahmedabad08 May 2024AY 2012-13

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 2349 & 2350/Ahd/2018 ("नधा"रण वष" / Assessment Year : 2012-13) Kankaria Maninagar Deputy Commissioner Of बनाम/ Nagarik Sahakari Bank Income Tax Vs. Circle – 6(1), Ahmedabad Ltd. Bhagwan Chamber, Maninagar Char Rasta, Maninagar, Ahmedabad 380008 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaak6862D (Appellant) .. (Respondent) Shri Rahul Patel, A.R. अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri V. K. Mangla, Sr. Dr Date Of Hearing 29/04/2024 Date Of Pronouncement 08/05/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Two Appeals Are Filed By The Assessee Against Separate Orders Of The Commissioner Of Income Tax (Appeals)-6, Ahmedabad, (In Short ‘The Cit(A)’) Dated 27.09.2018 For The Assessment Year 2012-13. While One Appeal Is Against Order U/S. 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’), The Other One Is Against The Rectification Order U/S. 154 Of The Act. These Appeals Were Heard Together And

For Respondent: Shri V. K. Mangla, Sr. DR
Section 143Section 143(3)Section 147Section 154

second issue is concerned, both the interest payments and receipts must be regarded as revenue payments/receipts, and only the net interest on securities shall be brought to tax as business income. Circular : No. 599, dated 24-4-1991” 7. CBDT has categorically clarified that the securities held by Banks must

Krishna Hari Gaddam, Hyderabad vs. ITO., Ward-12(1), Hyderabad

In the result, appeal of the assessee is allowed

ITA 668/HYD/2023[2020-21]Status: DisposedITAT Hyderabad30 Apr 2024AY 2020-21

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ.अपी.सं/Ita No.668/Hyd/2023 (नििाारण वर्ा/Assessment Year: 2020-21) Krishna Hari Gaddam, Vs. Income Tax Officer, Hyderabad Ward-12(1), [Pan No. Adepg7798Q] Hyderabad अपीलार्थी/Appellant प्रत् यर्थी/Respondent नििााररती द्वारा/Assessee By: Shri H. Srinivasulu, Ar राजस् व द्वारा/Revenue By: Shri Shakeer Ahamed, Dr सुिवाई की तारीख/Date Of Hearing: 29/04/2024 घोर्णा की तारीख/Pronouncement On: 30/04/2024 आदेश / Order Per Madhusudan Sawdia, A.M: The Captioned Appeal Filed By The Assessee Is Directed Against The Order Dated 02/11/2023 Passed By The Addl/Jcit(A)-5, Chennai, (“Ld. Cit(A)”) Relating To The Assessment Year (Ay) 2020-21. 2. Brief Facts Of The Case Are That The Assessee Was A Salaried Employee Of Karvy Stock Broking Limited. For The Year Under Consideration, The Assessee Fled His Return Of Income, Declaring A Total Income Of Rs. 86,10,680/- & Paid Total Income Tax Of Rs. 27,37,674/-, Consisting Of Tax Deducted At Source (“Tds”) Of Rs. 15,11,384/- & Self Assessment Tax Of Rs.12,26,290/-. The Cpc Bengluru (“Cpc”) In The Intimation U/S 143(1) Of The Income Tax Act, 1961 (“The Act”), Dt. 08/05/2021 Did Not Give Credit Of Rs. 13,50,000/- Out Of Total Tds Of Rs. 14,75,000/- Deducted By M/S. Karvy Stock Broking Limited U/S. 192 Of The Act, Contending That Form 26As Does Contains The Details Of Tds Of Rs. 13,50,000/- & Finally Raised A Demand Of Rs.14,17,500/-.

For Appellant: Shri H. Srinivasulu, ARFor Respondent: Shri Shakeer Ahamed, DR
Section 143(1)Section 192

provide for the deduction of tax at source for payments made under various heads. For instance, payments made by way of salary, interest on securities, dividends, and interest (other than interest on securities), winnings from lotteries or crossword puzzle, and winnings from horse race are amenable to deduction