Genxt Mobile LLP. v. ACIT (2023) 203 ITD 794 (Mum) (Trib.)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Paid interest at rate of 18 per cent-Disallowed interest paid in excess of 12 percent-Disallowance is deleted. [S. 40A(2)(a), 40A(2)(b) , 40 (b)(iv)]

Assessee paid interest at rate of 18 per cent to a related party covered under section 40A(2)(b) on unsecured loan and claimed deduction.  Assessing Officer considered rate of interest as allowed under section 40(b)(iv), wherein payment of interest to any partner was allowed upto 12 per cent, as fair market value of rate of interest and in view of specific provisions of section 40A(2)(a) disallowed interest paid in excess of 12 per cent. Tribunal held that the  assessee paid interest to other parties at rate of 9 per cent to 18 per cent on unsecured loans availed by it. Since Assessing Officer while partly disallowing interest paid to aforesaid party had not followed provisions of section 40A(2)(a), which required comparison with fair market of goods, services or facilities, which in instant case was loans availed by assessee from other parties, hence  part disallowance of interest is deleted. (AY. 2014-15)