2022 (5) TMI 1585 - AT - Income Tax

Setting-off the interest paid on the unsecured loan declined against the interest income earned on advancing of such amounts at interest to third parties - HELD THAT - As per Section 57(iii) of the Act, any expenditure not being in the nature of a capital expenditure, laid out or expended wholly and exclusively for the purpose of making or earning income under the head 'income from other sources' is to be allowed as a deduction. As the interest-bearing unsecured loans were raised by the assessee with a purpose, intent and motive of earning interest income by advancing the same to third parties and, have actually been so utilized, therefore, the interest expenditure so borne by him could safely, or in fact, inescapably, be held to have been incurred wholly and exclusively for the purpose of earning of interest income. In the backdrop of our aforesaid deliberations, we are of a strong conviction that the deduction of interest expenditure as claimed by the assessee, and rightly so, was duly allowable as a deduction u/s. 57(iii) of the Act. We, thus, in terms of our aforesaid observations not finding favor with the view taken by the lower authorities set-aside the order of the CIT(Appeals) and vacate the disallowance made by the AO. Grounds of appeal raised in appeal by the assessee are allowed.

Summary

Issues:
1. Disallowance of interest expenditure against interest income.

Analysis:
1. The primary issue in the present appeal revolves around the disallowance of the assessee's claim for setting-off the interest paid on an unsecured loan against the interest income earned on advancing such amounts to third parties. The dispute arises from the AO's decision to disallow the claim as the borrowed funds were not utilized for business purposes, leading to the disallowance of Rs. 6,45,531/- made by the AO.

2. The assessee had raised interest-bearing unsecured loans amounting to Rs. 6,45,531/- on which interest was paid. These borrowed funds were then used to provide interest-bearing loans to various parties, resulting in interest income of Rs. 6,40,874/-. The assessee sought to set-off the interest paid against the interest income received. However, the AO disallowed this claim, citing non-utilization of the unsecured loans for business purposes as the reason for disallowance.

3. Despite the appeal made by the assessee before the CIT(Appeals), the decision remained unfavorable. The matter was then brought before the Appellate Tribunal where the assessee failed to appear, leading to the Tribunal proceeding with the case as per Rule 24 of the Appellate Tribunal Rules, 1962.

4. Upon thorough deliberation, the Tribunal disagreed with the lower authorities' view and held that the interest expenditure of Rs. 6,45,531/- was allowable as a deduction under Section 57(iii) of the Income Tax Act. The Tribunal emphasized that the borrowed funds were utilized with the intent of earning interest income, thereby fulfilling the condition of being expended wholly and exclusively for the purpose of making or earning income under the head 'income from other sources'.

5. Consequently, the Tribunal allowed the appeal filed by the assessee, setting aside the order of the CIT(Appeals) and vacating the disallowance of Rs. 6,45,531/- made by the AO. The grounds of appeal raised by the assessee were upheld based on the Tribunal's observations and interpretation of the relevant provisions of the Income Tax Act.

6. In conclusion, the Tribunal pronounced its order on May 23, 2022, allowing the appeal filed by the assessee in light of the arguments presented and the provisions of the Income Tax Act considered during the proceedings.