Jasmatbhai Nanubhai Vidiya v. DCIT (2024) 206 ITD 44 (Surat) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Loans and advances-Own funds are more than interest bearing funds-No disallowance can be made.

Assessee had advanced interest-free loans/advances to outside parties. Assessing Officer held  that since 55.05 per cent of all funds were from interest-bearing sources, hence it was fair and reasonable to hold that 55.05 per cent of claimed interest-free advances had been sourced from interest-bearing funds and to that extent, interest-bearing funds had been shifted to cost-free advances. Assessing Officer  disallowed interest paid to extent of Rs. 52.30 lakhs out of total interest paid of Rs. 66.05 lakhs. CIT(A) affirmed the order of the AO. On appeal the Tribunal held that  since assessee’s own funds were more than interest-free advances,  disallowance  is deleted. (AY. 2017-18)  AY. 2017-18)