← All Phrases

“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)

Golf Technologies Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeals of the assessee are allowed and the appeal of the revenue is dismissed

ITA 5569/DEL/2012[2010-11]Status: DisposedITAT Delhi21 Jan 2021AY 2010-11

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5567/Del/2012 : Asstt. Year: 2008-09 Ita No. 5568/Del/2012 : Asstt. Year: 2009-10 Ita No. 5569/Del/2012 : Asstt. Year: 2010-11 Golf Technologies Pvt. Ltd. Vs Acit, Gk House-187A, Flat No. 102, Central Circle-11, Sant Nagar, East Of Kailash New Delhi New Delhi (Appellant) (Respondent) Ita No. 5540/Del/2012 : Asstt. Year : 2007-08 Acit, Vs Golf Technologies Pvt. Ltd. Central Circle-11, Gk House-187A, Flat No. 102, New Delhi Sant Nagar, East Of Kailash New Delhi (Appellant) (Respondent) Pan No. Aaccg4538J Assessee By : Sh. R. S. Ahuja, Ca Revenue By : Ms. Sunita Singh, Cit Dr Date Of Hearing: 11.11.2020 Date Of Pronouncement:21.01.2021 Order Per Dr. B. R. R. Kumar: These Three Appeals Have Been Filed By The Assessee & One Appeal Has Been Filed By The Revenue Against The Orders Of The Ld. Cit(A)-Xxxi, New Delhi Dated 28.08.2012. 2. Since, The Issues Involved In All The Appeals Of The Assessee Are Common, They Were Heard Together. Golf Technologies Pvt. Ltd. 3. In Ita No. 5567/Del/2012 For The Ay 2008-09, Following Effective Grounds Have Been Raised By The Assessee:

For Appellant: Sh. R. S. Ahuja, CAFor Respondent: Ms. Sunita Singh, CIT DR
Section 36

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’, NEW DELHI Before Sh. Amit Shukla, Judicial Member Dr. B. R

Golf Technologies Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeals of the assessee are allowed and the appeal of the revenue is dismissed

ITA 5568/DEL/2012[2009-10]Status: DisposedITAT Delhi21 Jan 2021AY 2009-10

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5567/Del/2012 : Asstt. Year: 2008-09 Ita No. 5568/Del/2012 : Asstt. Year: 2009-10 Ita No. 5569/Del/2012 : Asstt. Year: 2010-11 Golf Technologies Pvt. Ltd. Vs Acit, Gk House-187A, Flat No. 102, Central Circle-11, Sant Nagar, East Of Kailash New Delhi New Delhi (Appellant) (Respondent) Ita No. 5540/Del/2012 : Asstt. Year : 2007-08 Acit, Vs Golf Technologies Pvt. Ltd. Central Circle-11, Gk House-187A, Flat No. 102, New Delhi Sant Nagar, East Of Kailash New Delhi (Appellant) (Respondent) Pan No. Aaccg4538J Assessee By : Sh. R. S. Ahuja, Ca Revenue By : Ms. Sunita Singh, Cit Dr Date Of Hearing: 11.11.2020 Date Of Pronouncement:21.01.2021 Order Per Dr. B. R. R. Kumar: These Three Appeals Have Been Filed By The Assessee & One Appeal Has Been Filed By The Revenue Against The Orders Of The Ld. Cit(A)-Xxxi, New Delhi Dated 28.08.2012. 2. Since, The Issues Involved In All The Appeals Of The Assessee Are Common, They Were Heard Together. Golf Technologies Pvt. Ltd. 3. In Ita No. 5567/Del/2012 For The Ay 2008-09, Following Effective Grounds Have Been Raised By The Assessee:

For Appellant: Sh. R. S. Ahuja, CAFor Respondent: Ms. Sunita Singh, CIT DR
Section 36

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’, NEW DELHI Before Sh. Amit Shukla, Judicial Member Dr. B. R

Golf Technologies Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeals of the assessee are allowed and the appeal of the revenue is dismissed

ITA 5567/DEL/2012[2008-09]Status: DisposedITAT Delhi21 Jan 2021AY 2008-09

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5567/Del/2012 : Asstt. Year: 2008-09 Ita No. 5568/Del/2012 : Asstt. Year: 2009-10 Ita No. 5569/Del/2012 : Asstt. Year: 2010-11 Golf Technologies Pvt. Ltd. Vs Acit, Gk House-187A, Flat No. 102, Central Circle-11, Sant Nagar, East Of Kailash New Delhi New Delhi (Appellant) (Respondent) Ita No. 5540/Del/2012 : Asstt. Year : 2007-08 Acit, Vs Golf Technologies Pvt. Ltd. Central Circle-11, Gk House-187A, Flat No. 102, New Delhi Sant Nagar, East Of Kailash New Delhi (Appellant) (Respondent) Pan No. Aaccg4538J Assessee By : Sh. R. S. Ahuja, Ca Revenue By : Ms. Sunita Singh, Cit Dr Date Of Hearing: 11.11.2020 Date Of Pronouncement:21.01.2021 Order Per Dr. B. R. R. Kumar: These Three Appeals Have Been Filed By The Assessee & One Appeal Has Been Filed By The Revenue Against The Orders Of The Ld. Cit(A)-Xxxi, New Delhi Dated 28.08.2012. 2. Since, The Issues Involved In All The Appeals Of The Assessee Are Common, They Were Heard Together. Golf Technologies Pvt. Ltd. 3. In Ita No. 5567/Del/2012 For The Ay 2008-09, Following Effective Grounds Have Been Raised By The Assessee:

For Appellant: Sh. R. S. Ahuja, CAFor Respondent: Ms. Sunita Singh, CIT DR
Section 36

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’, NEW DELHI Before Sh. Amit Shukla, Judicial Member Dr. B. R