ITO v. Harmony Vinimay (P.) Ltd. (2025) 123 ITR 458 / 174 taxmann.com 1239 (Kol.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Business expenditure-Interest-free advances to land co-owners-Advances towards co-owners’ share of project consideration-Disallowance deleted. [S.37(1)]

The Assessing Officer disallowed interest on the ground that the assessee had borrowed funds at interest while advancing interest-free amounts to land co-owners. The Tribunal held that the advances represented amounts payable to the co-owners towards their share of the project consideration and for another upcoming project. There was, therefore, no question of charging interest from the co-owners and the interest disallowance was rightly deleted. (AY. 2018-19).

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