CCIT (OSD)/PCIT, Central v. Bhupendra Champaklal Dalal [2024] 160 taxmann.com 645 (Bom) (HC)

S. 36(1)(iii) : Interest on borrowed capital-Interest-free advances-Mixed funds-Where assessee possessed sufficient interest-free funds from sundry creditors, it is presumed that advances are made from such funds; disallowance of interest deleted. [S. 260A]

The Assessing Officer disallowed interest paid by the assessee, alleging that interest-bearing funds were diverted for giving interest-free advances. The High Court, affirming the Tribunal’s order, observed that the assessee had a substantial balance of interest-free funds available in the form of sundry creditors. It held that where mixed funds are available, a presumption arises that interest-free advances are made out of the interest-free funds, provided they are sufficient. Since the assessee’s interest-free funds were sufficient to cover the advances, the interest expenditure was held to be allowable. (AY. 1988-89 to 1990-91)

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