Section 36(1)(iii) of the Income Tax Act

Income-tax Act, 2025: ss.29, 30, 31, 32

Section 36(1)(iii) falls under section 36 of the Income-tax Act, 1961, which corresponds to section 29 (Deductions related to employee welfare), section 30 (Deduction on certain premium), section 31 (Deduction for bad debt and provision for bad and doubtful debt) and section 32 (Other deductions) of the Income-tax Act, 2025.

Read section 29 of the 2025 ActRead section 30 of the 2025 ActRead section 31 of the 2025 ActRead section 32 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 36(1)(iii) is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 of the 3,665 judgments on BharatTax that turn on this section.

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.

CIT v. Rajendra Prasad Moody
115 ITR 519 · 1978 · Supreme Court
386
citing judgments

For deductions under Section 57(iii) relating to "Income from Other Sources," an expenditure is allowable if it is laid out wholly and exclusively for the purpose of making or earning such income, even if no income is actually earned in that previous year.

Hero Cycles Pvt. Ltd. v. CIT
379 ITR 347 · 2015 · Supreme Court
361
citing judgments

The Revenue cannot substitute its judgment for that of a businessman regarding the necessity or reasonableness of an expenditure. If an expense is incurred wholly and exclusively for business purposes, it is deductible, and the Revenue cannot question its commercial expediency.

Judgments on Section 36(1)(iii)

M/S. Rajkamal Builders Infrastructure Pvt. Ltd., Ahmedabad vs. The DCIT., Circle-3(1)(2), Ahmedabad

In the result, assessee’s appeal is partly allowed

ITA 417/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad10 Oct 2022AY 2014-15

Bench: Shri Pramod M. Jagtap & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 417/Ahd/2018 ("नधा"रण वष" / Assessment Year : 2014-15) M/S. Rajkamal Builders The D.C.I.T. बनाम/ Infrastructure Pvt. Ltd. Circle – 3(1)(2), Vs. Ahmedabad 54, Park Hill Society, Opp: Karnavati Club Nr. Heaven Park, Ramdevnagar, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcr0326A .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri Mehul K. Patel, Advocate अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Vijay Kumar Jaiswal, Cit. D.R. सुनवाई क" तार"ख / Date Of 13/07/2022 Hearing घोषणा क" तार"ख /Date Of 10/10/2022 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal Filed By The Assessee Is Directed Against The Order Dated 20.12.2017 Passed By The Ld. Commissioner Of Income Tax (Appeals) – 9, Ahmedabad Arising Out Of The Order Dated 17.10.2016 Passed By The Dcit, Circle-3(1)(2), Ahmedabad Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) For Assessment Year 2014-15, Whereby & Whereunder Mainly The Claim Under Section 80Ia(4) Of The Act Made By The

For Respondent: Shri Vijay Kumar Jaiswal, CIT. D.R
Section 143(3)Section 234ASection 36(1)Section 80Section 80I

Nayara Energy Limited (on Behalf of Merged Entity Vadinar Oil Terminal Limited), Mumbai vs. Asstt. Commissioner of Income -Tax Central Circle 2(1), Mumbai

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 777/MUM/2022[2016-17]Status: DisposedITAT Mumbai10 Oct 2022AY 2016-17

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.777/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2016-17) Nayara Energy Ltd (On Acit, Central Circle-2(1) बिधम/ Behalf Of Merged Entity Room No. 804, Pratishtha Vs. Vadinar Oil Terminal Ltd) Bhavan, Old Cgo 5Th Floor, Jet Airways Annexe, M. K. Road, Godrej Bkc, G- Block, Plot Mumbai-400020. C-68, Bkc, Bandra (E), Mumbai-400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabcv2626D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nitesh Joshi Revenue By: Dr. Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 25/08/2022 घोषणा की तारीख /Date Of Pronouncement: 10/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-48, Mumbai Dated 24.02.2022 For Assessment Year 2016-17. 2. The Grounds Of Appeal Preferred By Assessee Are As Under: - “Disallowance Of Interest Under Section 36(1) (Iii) Of The Income-Tax Act The Act - Rs.149.80 Crores 1. The Learned Assessing Officer (Ao) & Learned Cit(A) Erred In Disallowing Interest Of Rs.149.80 Crores Pertaining To Loans Of Rs.1253.53 Crores Granted To Related Parties Contending Them To Be Interest Free Without Appreciating The Fact, That Out Of The Total Amount, Only Security Deposits Of Rs.96.53 Crores Are Interest Free Refundable

For Appellant: Shri Nitesh JoshiFor Respondent: Dr. Mahesh Akhade (DR)
Section 14ASection 36(1)Section 37

M/S. Everest Infra Energy Ltd., Naharlagun vs. Joint Commissioner of Income Tax, Range - Tezpur, Tezpur

In the result, appeal of the assessee is dismissed

ITA 187/GTY/2018[2012-13]Status: DisposedITAT Guwahati27 Sept 2022AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 187/Gty/2018 Assessment Year: 2012-13 M/S. Everest Infra Energy Limited Joint Commissioner Of Income A- Sector, Vs Tax, Tezpur C/O Everest Engineering House Naharlagun - 791110 Pan : Aabce7178B अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Purushotam Gaggar, Fca Revenue By : Shri P.S. Thuingaleng, Acit सुनवाई क" तारीख/Date Of Hearing : 26/07/2022 घोषणा क" तारीख /Date Of Pronouncement: 27/09/2022 आदेश/O R D E R Per Dr. Manish Borad, Am : The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 1, Guwahati (Hereinafter The “Ld. Cit(A)”) Dt. 27/04/2019, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2012-13. 2. Brief Facts Of The Case Are That The Assessee Is A Limited Company Engaged In Construction & Installation Work. Loss Of Rs.20,84,81,814/- Declared In The Return Of Income Filed For The Assessment Year 2012-13. After The Case Being Selected For Scrutiny Under Cass & Serving Notice U/S 143(2) & 142(1) Of The Act, Various Details Were Called For & After Considering The Submissions Of The Assessee, The Ld. Assessing Officer Assessed Loss Income At Rs.13,68,94,750/- After Making Certain Disallowances/Additions. The Assessee Challenged The Addition Before The Ld. Cit(A) & Partly Succeeded & Now The Assessee Is In Appeal Before The Tribunal Raising The Sole Issue Challenging The Ld. Cit(A)’S Finding Confirming The Addition

For Appellant: Shri Purushotam Gaggar, FCAFor Respondent: Shri P.S. Thuingaleng, ACIT
Section 143(2)Section 250