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“interest on interest”

InterestSection 244ASection 244A238 judgments

The decision most relied on for interest on interest is Malabar Industrial Co. Ltd. v. CIT (243 ITR 83), cited in 2,943 judgments on BharatTax.

Leading authorities on interest on interest

Malabar Industrial Co. Ltd. v. CIT
243 ITR 83 · 2000 · Supreme Court
2,943
citing judgments

For revision under Section 263, the Assessing Officer's order must be both erroneous and prejudicial to the interests of the revenue; if either condition is not met, the revisionary jurisdiction cannot be invoked. An order is not erroneous merely because the Assessing Officer did not record the details of enquiries conducted, provided due enquiries were made.

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.

Totgars Co-operative Sale Society Ltd. v. ITO
322 ITR 283 · 2010 · Supreme Court
1,283
citing judgments

The interest income earned by a cooperative society from investing its surplus funds in fixed deposits with banks is not "derived from" its eligible business activities and is taxable as "income from other sources" under Section 56, thus not qualifying for deduction under Section 80P.

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.

CIT v. Max India Ltd.
295 ITR 282 · 2007 · Supreme Court
1,162
citing judgments

Under Section 263, an assessment order is not erroneous and prejudicial to the interest of the revenue merely because the Principal Commissioner disagrees with the Assessing Officer's (AO) view, particularly if the AO has adopted one of two permissible views in law, unless that view is completely unsustainable. If due inquiries were made, the AO's order does not become erroneous solely because the fact of inquiries was not recorded.

Pr. CIT v. Totagars
395 ITR 611 · 2017 · High Court
1,074
citing judgments

Interest income earned by a cooperative society from surplus deposits or investments held with a cooperative bank is not eligible for deduction under Section 80P(2)(d) of the Act.

Judgments citing interest on interest

Vashisth Builders and Engineers Pvt. Ltd., New Delhi vs. DCIT, Circle- 26(1), New Delhi

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

ITA 6934/DEL/2018[2012-13]Status: DisposedITAT Delhi11 Oct 2024AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek, Judicialmember Vashisth Builders & Engineers Pvt. Ltd., Vs. Dcit, Circle-26(1), A-52, 2Nd Floor, Fiee Complex, New Delhi Okhla Industrial Area, Phase-2, New Delhi. (Pan: Aabcv3687L) (Appellant) (Respondent) Assessee By : Dr. Rakesh Gupta, Advocate Revenue By : Shir Vivek K. Upadhyay, Sr. Dr. Date Of Hearing : 27.08.2024 Date Of Order : 11.10.2024 O R D E R Per S. Rifaur Rahman, Am : 1. This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals-10), New Delhi Dated 13.08.2018 For The Assessment Year 2012-13. Aggrieved With The Above Order, Assessee Is In Appeal Before Us By Raising Following Grounds Of Appeal :- I) The Ld. Cit(A) Has Erred In Law & On Facts In Upholding The Assessment Order Passed By The Deputy Commissioner Of Income Tax, Circle 26(1), New Delhi Under Section 143(3) Of The Act, By Making An Addition Of Rs. 7,23,72,000/- Without Appreciating The Facts & 2 Circumstances Of The Case, The Law As Applicable & The Submissions & The Supporting Evidence Produced By The Appellant. Ii) The Ld. Cit(A) Has Erred In Law & On Facts In Upholding The Disallowance / Addition Of Rs. 3,72,000/- Made By The Dcit As Notional Interest On Interest Free Loans Granted By The Appellant Out Of The Interest Expense Claimed By The Appellant Without Appreciating The Facts & Circumstances Of The Case, The Law As Applicable & The Submissions & The Supporting Evidence Produced By The Appellant. Iii) The Ld. Cit(A) Has Erred In Law & On Facts In Upholding The Addition Of Rs. 7,20,000/- Made By The Dcit By Treating The Share Capital Received By The Appellant During The Year As Unexplained Cash- Credit, Without Appreciating The Facts & Circumstances Of The Case, The Law As Applicable & The Submissions & The Supporting Evidence Produced By The Appellant.

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shir Vivek K. Upadhyay, Sr. DR
Section 143(3)

erred in law and on facts in upholding the disallowance / addition of Rs. 3,72,000/- made by the DCIT as notional interest on interest free loans granted by the appellant out of the interest expense claimed by the appellant without appreciating the facts and circumstances

DCIT, Corporate Circle-1(1), Chennai vs. Casa Grand Builder Private Limited, Chennai

The appeal of the assessee stands dismissed

ITA 777/CHNY/2023[2017-18]Status: DisposedITAT Chennai08 Aug 2024AY 2017-18

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.777/Chny/2023 (िनधा*रणवष* / Assessment Year: 2017-18) Dcit M/S. Casagrand Premier Builder Limited बनाम/ Corporate Circle-1(1) (Earlier Known As Casa Grand Builder P. Ltd.) 5Th Floor, Npl Devi, New No.111, Old No.59. Chennai. Vs. Lb Road, Thiruvanmiyur,Chennai-600 041 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccc-2758-A (अपीलाथ"/Appellant) : (" थ" / Respondent) & 2. आयकरअपील सं./ Ita No.726/Chny/2023 (िनधा*रणवष* / Assessment Year: 2017-18) M/S. Casagrand Premier Builder Limited Jcit(Osd) बनाम (Earlier Known As Casa Grand Builder P. Ltd.) Corporate Circle-1(1) 5Th Floor, Npl Devi, New No.111, Old No.59. Lb Chennai. / Vs. Road, Thiruvanmiyur,Chennai-600 041 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccc-2758-A (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Revenue By : Mrs. Swapna Nanu Ambath & Sh. V. Nanda Kumar Ld. Cit-Drs A/W Shri D. Hema Bhupal (Jcit) – Ld. Sr. Dr " थ"कीओरसे/ Assessee By : Shri B.Ramakrishnan (Ca)-Ld. Ar सुनवाई की तारीख/Date Of Hearing : 25-06-2024 घोषणा की तारीख /Date Of Pronouncement : 08-08-2024

For Appellant: Shri B.Ramakrishnan (CA)-Ld. ARFor Respondent: Mrs. Swapna Nanu Ambath & Sh. V. Nanda
Section 143(3)Section 69C

आयकर अपीलीय अिधकरण “बी” "ायपीठ चे"ईम"। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHENNAI माननीय "ी महावीर िसंह, उपा

Casa Grande Builder Private Limited, Chennai vs. ACIT, Corporate Circle-1(2), Chennai

The appeal of the assessee stands dismissed

ITA 726/CHNY/2023[2017-18]Status: DisposedITAT Chennai08 Aug 2024AY 2017-18

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.777/Chny/2023 (िनधा*रणवष* / Assessment Year: 2017-18) Dcit M/S. Casagrand Premier Builder Limited बनाम/ Corporate Circle-1(1) (Earlier Known As Casa Grand Builder P. Ltd.) 5Th Floor, Npl Devi, New No.111, Old No.59. Chennai. Vs. Lb Road, Thiruvanmiyur,Chennai-600 041 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccc-2758-A (अपीलाथ"/Appellant) : (" थ" / Respondent) & 2. आयकरअपील सं./ Ita No.726/Chny/2023 (िनधा*रणवष* / Assessment Year: 2017-18) M/S. Casagrand Premier Builder Limited Jcit(Osd) बनाम (Earlier Known As Casa Grand Builder P. Ltd.) Corporate Circle-1(1) 5Th Floor, Npl Devi, New No.111, Old No.59. Lb Chennai. / Vs. Road, Thiruvanmiyur,Chennai-600 041 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccc-2758-A (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Revenue By : Mrs. Swapna Nanu Ambath & Sh. V. Nanda Kumar Ld. Cit-Drs A/W Shri D. Hema Bhupal (Jcit) – Ld. Sr. Dr " थ"कीओरसे/ Assessee By : Shri B.Ramakrishnan (Ca)-Ld. Ar सुनवाई की तारीख/Date Of Hearing : 25-06-2024 घोषणा की तारीख /Date Of Pronouncement : 08-08-2024

For Appellant: Shri B.Ramakrishnan (CA)-Ld. ARFor Respondent: Mrs. Swapna Nanu Ambath & Sh. V. Nanda
Section 143(3)Section 69C

आयकर अपीलीय अिधकरण “बी” "ायपीठ चे"ईम"। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHENNAI माननीय "ी महावीर िसंह, उपा