The assessee, engaged in printing and publication of newspapers, faced disallowance of interest expenses under section 36(1)(iii) on the ground that interest-free loans were given to group concerns out of borrowed funds, disallowance of one-third of brand relaunch expenses treating them as capital in nature. On appeal, the Tribunal held that in the absence of AO establishing a nexus between borrowed funds and the interest-free advances, a presumption arose that the advances were made out of the assessee’s own interest-free funds, and the disallowance under section 36(1)(iii) was deleted.(AY. 2010-11to 2012-13)
Express Publications (Madurai) P. Ltd. v. DCIT (2025) 132 ITR 519(Chennai) (Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Interest-free loans given to related concerns-Nexus between borrowed funds and loans advanced not established-Presumption that funds advanced first out of interest-free funds available-Disallowance not justified.
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