Hi-tech Estates & Promoters (P.) Ltd. (2020) 84 ITR 10 / 183 ITD 690 / 207 TTJ 209 (Cuttack)(Trib.)

S. 36(1)(viii) : Eligible business-Reserve-Commercial loan-Borrower failed to construct on plot of land for residential purpose within three years has to be considered eligible business-Only the income which has direct and immediate nexus with grant of loans for construction of house only included for computation of deduction.

Tribunal held the advance of commercial loan and borrower failed to construct on plot of land for residential purpose within three years has to be treated as allowable deduction similarly Income such as admin Fees, other charges, prepayment charges, recovery in bad debts, CERSAI charges received had direct and immediate nexus with grant of loans for construction or purchase of houses in India for residential purposes, same would be included for computing deduction. However, incomes such as notice period salary, other income, interest on car/personal loan, interest on conveyance loans, PEMI on personal loans, penal interest on personal loans had no direct and immediate nexus with profits derived from loans granted for construction or purchase of house in India for residential purposes, these items were not to be considered. (AY. 2013-14)