Scrabble Entertainment Ltd. v. ACIT (2018) 169 DTR 51 / 193 TTJ 418 (Mum.) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Advance to group concerns out of its own funds–Commercial needs-Disallowance of interest is held to be not justified.

Tribunal held that the assessee had demonstrated with evidence that loans to group companies were out of its own funds and also such loans had been given in commercial interest, therefore, AO was incorrect in disallowing proportionate interest on loans given to group companies. Assessee was holding more than 33% equity stake in company for which loans have been given and also derived commercial benefit–Therefore, AO was incorrect in holding that assessee had diverted interest bearing funds to give loans to group companies.  (AY.2011-12)