Dharampal Satyapal Ltd. v. Dy.CCIT (2020) 191 DTR 87 (Delhi)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Advance given to subsidiary or sister concern-Share capital reserves and surplus available-Disallowance of interest was deleted.

Where the revenue disallowed interest paid on borrowed fund u/s 36(1)(iii) on the ground that loans and advances were provided by assessee to its sister concerns out of borrowed funds without charging adequate interest. It was held that as non-or lower interest-bearing advances given to subsidiary or sister concern are less than interest free funds in form of share capital and reserves and surplus available with assessee, interest cannot be disallowed u/s.36(1)(iii) of the Act. (AY. 2010-11, 2011-12)