During year, assessee had given loans and advances to various parties. Assessing Officer had disallowed interest on borrowed capital on ground that borrowed funds were utilized for non-business purposes Commissioner (Appeals) confirmed disallowance. Held that assessee is having share capital and reserves and surplus for exceeding advances given, and that so, since assessee had sufficient own funds, no disallowance was called for. Matter remanded. (AY. 2013-14, 2014-15)
DCIT v. Stylam Industries Ltd. (2024) 209 ITD 75 (Chd.)(Trib.)
S. 36(1)(iii) :Interest on borrowed capital-Interest free loan-Share capital and reserves and surplus far exceeding interest-free advances-No disallowance can be made-Matter remanded.