CIT v. Kiran Gems Pvt. Ltd. (2018) 64 ITR 689 (Mum) (Trib)

S. 36(1)(iii) :Interest on borrowed capital – Own funds more than investment- Disallowance of interest cannot be made.

Tribunal held that  investment had been done out of mixed source of funds. The assessee had sufficient own funds which covered more than the investment made. Moreover, the Commissioner (Appeals) had given a finding that the loan funds were for a specific purpose and there had been no dilution of the funds. Therefore no disallowance could be made.( AY.2010-11)