Quippo Telecom Infrastructure (P.) Ltd. v. ACIT (2020) 185 ITD 275 / (2021) 198 DTR 378 / 209 TTJ 828 (Delhi) (Trib.)

S. 37(1) : Business expenditure-Passive infrastructure and automated teller machine sites to telecom and banking industry Professional Charges-Interest on borrowed capital-Not carried on any business during the relevant year-Not allowable as business expenditure. [S. 36(1)(iii)]

Assessee company was engaged in business of providing passive infrastructure and automated teller machine sites to telecom and banking industry. Assessee claimed expenditure in respect of professional charges paid for investment advisory services and interest in respect of capital borrowed. Assessing Officer held that assessee did not earn any income from business during year, therefore, professional fees paid by assessee was not allowable, further disallowed interest paid on borrowed capital on ground that capital borrowed was not utilised for purpose of business.  Tribunal held that, main intention in whole transaction was to acquire a stake in a company and it was not a transaction of purchase and sale of securities as business, further, balance sheet of assessee also did not show that assessee was carrying on any business during year. Accordingly the disallowance is affirmed. (AY. 2010-11)