2013 (1) TMI 852 - AT - Income Tax

Disallowance of interest paid on borrowed money for the purpose of acquiring shares - Held that - The main purpose of making investment was to purchase shares to earn dividend - Acquisition of shares may carry the acquisition of controlling interest, which is purely a commercial - since dividend income is taxable during the year Therefore the interest paid is allowable as deduction u/s57(iii) - Decided in favor of assessee

Summary

Issues:
- Disallowance of interest paid on borrowed money for acquiring shares under section 57(iii) of the Act.
- Whether interest income is allowable as a deduction under section 57(iii) or section 36(1)(iii) of the Act.

Analysis:
1. The appeal was against the Order of the CIT(A)-XIV, Mumbai for the assessment year 2003-2004, challenging the disallowance of interest paid on borrowed money for acquiring shares under section 57(iii) of the Act.

2. The Assessing Officer disallowed the interest claimed by the assessee under section 57(iii) as no dividend was earned from the company where the borrowed funds were invested. The AO was not satisfied with the explanation provided by the assessee regarding acquiring shares for tax planning purposes, leading to the disallowance.

3. Before the CIT(A), it was argued that the investment was made to earn dividend income, and the interest earned from the company was offered for taxation. However, the CIT(A) upheld the AO's decision, stating that the primary purpose of the investment was to acquire controlling interest in the company, not to earn dividends, citing relevant case law.

4. The Tribunal considered the submissions and referred to a similar case where the Hon'ble Bombay High Court allowed interest expenditure under section 36(1)(iii) when funds were used for acquiring shares as stock-in-trade. The Tribunal held that interest expenditure was allowable under section 36(1)(iii) and directed to delete the disallowance partially.

5. The Tribunal further emphasized the principle that when two views are possible, the one beneficial to the assessee should be considered, citing relevant Supreme Court decisions. It was noted that controlling interest is not a separate capital asset but a commercial concept, and the acquisition of shares may carry the acquisition of controlling interest.

6. Referring to a Supreme Court decision, the Tribunal concluded that the interest paid on borrowed funds for acquiring shares, where dividend income was taxable, should be allowed as a deduction under section 57(iii) or section 36(1)(iii) of the Act. The Tribunal allowed the appeal, stating that the interest income is allowable as a deduction.

7. The Tribunal pronounced the order in favor of the assessee, allowing the appeal against the disallowance of interest paid on borrowed money for acquiring shares.