Unitech Ltd. v. DCIT (2019) 176 ITD 266 (Delhi)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Interest free advances-Notional disallowance-Burden is on revenue to prove that borrowed capital has been used for interest free advance or loan-No disallowance can be made.

Tribunal held that, the Assessing Officer cannot disallow the interest on notional basis without proving that borrowed capital has been used for interest free advance or loan. (AY. 2011-12)