Iceberg Foods Ltd. v. ACIT (2021) 91 ITR 1 / (2022) 192 ITD 320 (Delhi)(Trib.)

S. 43B : Deductions on actual payment-Restructuring of bank loan-Cash credit-Amounts of credits in cash credit account were much more than amount of interest debited by bank, no disallowance can be made.

Bank had charged interest on term loan on month to month basis and same had been recovered by debiting it to cash credit account of assessee. Assessing Officer disallowed interest payable as per provisions of section 43B of the Act. On appeal the Tribunal held that   deposit of each month was much more than corresponding interest debited in respective month and as such no part of such interest remained which could be said to have been converted into any loan or advance as on close of previous year so as to be deemed not actually paid. Disallowance is deleted. (AY. 2014-15)