2014 (2) TMI 1157 - AT - Income Tax

Disallowance of interest u/s 36(1)(iii) - Assessee has sufficient funds - held that - Following decision of assessee's own previous case 2012 (9) TMI 228 - ITAT, AGRA - The assessee has sufficient capital, profit and interest-free funds available with him for the purpose of investment. No nexus between the borrowed funds and interest free funds has been established by the AO on record. Therefore, the addition would be unjustified in the year under consideration. - Accordingly, the orders of the authorities below on this issue are set aside and the addition is deleted - it is clear that the assessee has sufficient capital, profit and interest free funds available with him for the purpose of giving interest free loans to the above named persons (sons). No nexus between the borrowed funds and interest free loans have been established by the AO on record. Therefore, disallowance of interest u/s. 36(1)(iii) of the IT Act on proportionate basis is wholly unjustified. We following the earlier order of the Tribunal dated 20.07.2012 set aside the orders of the authorities below and delete the addition of ₹ 1,06,800 - Decided in favour of assessee.

Summary

Issues:
1. Addition of interest-free loans to family members under section 36(1)(iii) of the IT Act.

Analysis:
The appeal involved a challenge against the addition of Rs. 1,06,800 under section 36(1)(iii) of the IT Act, relating to interest-free loans given by the assessee to family members. The Assessing Officer (AO) disallowed the amount, citing lack of commercial expediency in providing interest-free loans to the assessee's sons. The AO reasoned that if the assessee had sufficient capital, he would not have needed to borrow funds, thus prejudicing his business interests. The ld. CIT(A) upheld the addition, considering the diversion of business funds without commercial expediency. The assessee argued that a similar issue in a prior year was decided in their favor by the ITAT, Agra Bench.

The ITAT considered the submissions and referred to the previous year's decision where a similar addition was deleted by the ITAT, Agra Bench. The Tribunal emphasized that the assessee had sufficient capital and interest-free funds available, and the AO failed to establish a nexus between borrowed funds and interest-free loans. Citing the decision in the case of Munjal Sales Corporation vs. CIT, the Tribunal held that disallowance of interest under section 36(1)(iii) was unjustified in this case. Consequently, the addition of Rs. 1,06,800 was deleted, and the appeal of the assessee was allowed.

In conclusion, the Tribunal found that the addition of interest-free loans under section 36(1)(iii) was unwarranted due to the assessee's adequate capital and funds available for providing such loans. The decision was consistent with the earlier ruling in a similar case and emphasized the importance of establishing a clear nexus between borrowed funds and the utilization of interest-free loans. The Tribunal set aside the orders of the lower authorities and deleted the addition, providing relief to the assessee in this matter.