PNP Maritime Services (P.) Ltd. v. DCIT (2024)204 ITD 810 /231 TTJ 31 (Mum) (Trib.)

S. 36(1)(iii) :Interest on borrowed capital-Interest free advances-Sufficient funds-No disallowance can be made.

Assessee-company had given security deposit  to its subsidiary company.  Assessing Officer held that  there was possibility of assessee having utilised interest bearing funds for purpose of giving interest free deposit. CIT(A) confirmed the disallowance on   pro rata basis.. On appeal the Tribunal held that  the  assessee had share capital and reserves and surplus of Rs. 119.03 crores which was more than interest free advance of Rs. 100.12 crores given by assessee. Since assessee had sufficient own funds for giving interest free deposit,  disallowance is   deleted. (AY. 2016-17)

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