AO held that finance cost could not be allowed as business expenses as there was no business activity during year under consideration which was up held by the CIT(A). Tribunal held that merely because revenue accepted said claim of interest as business expenses in earlier years in summary proceedings u/s. 143(1) did not create res-judicata as revenue had never gone into details of said claim as return of income was accepted in summary manner u/s 143(1) without scrutiny. Tribunal also held that when there is no income earned by assessee from advertising business as well from real estate business then finance cost incurred as interest on Bank Overdraft could be disallowed. (AY. 2012-13)
Dheeraj Consultancy (P) Ltd. v. ACIT (2018) 168 DTR 52 / 193 TTJ 638 (Mum.)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Finance cost-Advertising agency-Held to be not allowable as revenue expenditure as no business income was earned from advertising business or real estate business during the year. [S. 37(1)]