Mukesh Gupta v. Dy. CIT (2025) 307 Taxman 632 (Karn.)(HC)

S. 37(1) : Business expenditure-Company-Advance-Interest-Failure to prove nexus-Order of Tribunal affirming the disallowance is affirmed. [S. 15, 260A]

Assessee claimed a deduction of interest expenditure on amounts borrowed by him and advanced to the company. Assessing Officer disallowed interest claim for want of nexus with any business/profession carried on by assessee.  The disallowance was affirmed by the CIT(A) and the Tribunal. On appeal, the assessee contended that borrowing was for commercial expediency and, alternatively, interest income from the company should be set off against interest expenditure.  Dismissing the appeal, the Court held that mere raising of a loan by mortgaging the assessee’s property and advancing it to the company itself would not be considered as expenditure incurred for business/profession. Since the assessee failed to place any details and the nature of professional and technical services rendered to company, and also failed to prove nexus with business carried on by the assessee and raising of a loan by mortgaging the assessee’s property and advancing it to the company to claim interest as expenditure incurred against business/professional income, the plea of commercial expediency and set-off was not allowable. (AY. 2013-14 to 2015-16)