DCIT v. Repco Home Finance Pvt Ltd ( 2020) 83 ITR 530 / 183 ITD 782 / 117 taxmmann.com 233 ( Chennai) (Trib)

S. 36(1)(viii) : Eligible business – Business of providing long term finance for construction or purchase of houses in India – AO is directed to examine the issue [ S.254(1)

Tribunal held that if the borrower fails to use a ‘plot loan ‘ received for purchase of a plot land and construct a residential house thereon , then the said loan shall be treated as a ‘commercial loan’ and the assessee will not be entitle to claim the deduction . However as the ITAT has not examined in detail whether the loans were actually utilised for constructing /purchasing residential houses within   then stipulated time period and hence the issue remanded to the file of the AO for fresh examination and determination of deduction u/s 36(1)(vii) of the Act . ( ITA No. 2885/ Chny/ 2017 dt 17 -6 -2020 ) ( AY. 2013-14)