Mitra Trading & Exports (P.) Ltd. v. ACIT (2023) 203 ITD 395 (Mum)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Interest paid at the rate of 13.50 per cent-Interest received at rate of 11.50 per cent-Disallowance of difference is justified.

Assessee-company received interest on unsecured loan provided to a shareholder of its holding company at rate of 11.50 per cent and paid interest on capital borrowed at rate of 13.50 per cent. Assessing Officer disallowed certain interest under section 36(1)(iii) being difference of interest paid and received by assessee. Tribunal held that  since assessee was not able to make out a case of commercial expediency and also genuineness of transaction entered into by it, Assessing Officer was justified in disallowing.  (AY. 2014-15)