Dy. CIT v. Arun Singhania (2022) 98 ITR 12 (SN) (Raipur)(Trib)

S. 36(1)(iii) : Interest on borrowed capital-Loans utilised for the purpose of business-Rule of consistency followed-Deletion of interest is affirmed.

Dismissing the appeal of the Revenue the Tribunal held that when the loans had been raised by the assessee in the course of his business of purchase and sale of lands and plots, buildings, shops, shares and securities and advancing of loans and advances, the interest expenditure thereon was clearly be allowable as a deduction under section 36(1)(iii) of the Act. The Department itself had been consistently allowing the deduction of interest expenditure on the loans in question for the immediately last two preceding years and for the AY. 2015-16. Therefore, there would be no justification in adopting an inconsistent approach in the absence of any shift in the facts during the year under consideration.  Followed   Radhasoami Satsang v. CIT (1992) 193 ITR 321 (SC)   CIT v. Excel Industries Ltd (2013) 358 ITR 295 (SC)   Bharat Sanchar Nigam Ld. v. UOI (2006) 282 ITR 273 (SC) PR. CIT v. Quest Investment Advisors (P) Ltd. (2018) 409 ITR 545 (Bom)(HC).   (AY. 2012-13)