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“Section 36(1)(iii)”

Section References (mined)Section 36Section 36(1)(iii)1,547 judgments

The decision most relied on for Section 36(1)(iii) is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 judgments on BharatTax.

Leading authorities on Section 36(1)(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 36(1)(iii)

Ihhr Hospitality Pvt. Ltd., New Delhi vs. Addl. CIT, Special Range- 04, New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 3109/DEL/2018[2014-15]Status: DisposedITAT Delhi04 Jun 2024AY 2014-15

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Usm/S. Ihhr Hospitality Pvt. Ltd., Vs. Addl. Cit, 32/7, Samalka, Nh 8, Range – 04, New Delhi – 110 037. New Delhi. (Pan : Aaaci9385B) (Appellant) (Respondent) Assessee By : Shri Ranjan Chopra, Ca Revenue By : Shri Javed Akhtar, Cit Dr Date Of Hearing : 30.05.2024 Date Of Order : 04.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)-35, New Delhi Dated 13.02.2018 For The Assessment Year 2014-15. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. That The Revenue Has Erred In Law & On Facts In Making Disallowance Of ‘Project Pending Capitalization Written Off’ Expenses, Amounting To Rs.7,71,40,000/- & Treating These Expenses To Be Of Capital Nature. 2. That The Revenue Has Erred In Law & On Facts In Disallowing Interest Of Rs.5,40,62,940/- U/S 36(1)(Iii) Of The Income Tax Act, 1961. (Revised Ground). 3. That The Revenue Has Erred In Law & On Facts In Disallowing A Sum Of Rs.9,61,305/- On Account Of Claim Of Roc Fee Under Section 35D Of The Income Tax Act, 1961. 2 .”

For Appellant: Shri Ranjan Chopra, CAFor Respondent: Shri Javed Akhtar, CIT DR
Section 35DSection 36(1)(iii)

acquire a controlling 8 stake in sister concern which was also engaged in real estate business, deduction claimed by assessee under section 36(1)(iii) could not be disallowed on account of said advance of loan. 12. Honourable Delhi high court in Principal Commissioner of Income-tax v. Reebok India