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2023 (2) TMI 763 - AT - Income TaxAddition of interest - assessee had granted interest free loan to subsidiaries - Since the assessee was paying interest @ 14% to the loans availed from the banks, AO charged the interest @ 14% on the interest free loans granted to its subsidiaries and disallowed the interest expenses - HELD THAT - CIT(A) has observed that borrowed funds and own funds were kept in common kitty and therefore, it cannot be said that the interest free advances were only out of own funds. Claim of the assessee before the authorities below is that the assessee had granted interest free loans to its subsidiaries out of its own fund and borrowed funds were utilized for acquiring capital assets. It is not in dispute that the interest free funds available to the assessee were sufficient to meet its investment and thus, it could be presumed that the investments were made from the interest free funds available with the assessee. Our view is duly fortified by Reliance Industries Ltd. 2019 (1) TMI 757 - SUPREME COURT , wherein, similar findings of the Tribunal were duly affirmed by the higher Courts. Under the above facts and circumstances, the addition made towards disallowance of interest stands deleted. Appeal filed by the assessee is allowed.
Issues:
1. Disallowance of interest expenditure under section 36(1)(iii) of the Income Tax Act, 1961. 2. Confirmation of disallowance by the ld. CIT(A) and appeal before the Tribunal. 3. Arguments regarding the utilization of borrowed funds and interest-free loans. 4. Interpretation of the nexus between investments made and loans obtained from banks. 5. Comparison with the decision in CIT v. Reliance Industries Ltd. [2019] 410 ITR 466 (SC). Issue 1: Disallowance of interest expenditure under section 36(1)(iii) of the Income Tax Act, 1961 The Assessing Officer disallowed interest expenditure incurred by the assessee, related to interest-free loans given to group concerns, under section 36(1)(iii) of the Act. The loans were deemed not incurred for business purposes and not eligible for deduction under section 37. The disallowance was based on the interest paid by the assessee on bank loans, resulting in a disallowance of &8377;17,31,909. The ld. CIT(A) affirmed this disallowance. Issue 2: Confirmation of disallowance by the ld. CIT(A) and appeal before the Tribunal Despite various opportunities, the assessee did not appear before the Tribunal. The Tribunal proceeded to decide the appeal on merits after hearing the ld. DR. The Assessing Officer's disallowance was confirmed by the ld. CIT(A), leading to the appeal before the Tribunal by the assessee. Issue 3: Arguments regarding the utilization of borrowed funds and interest-free loans The assessee argued that the borrowed funds were not utilized for strategic investments or advancing money to group companies. Investments made prior to obtaining bank loans were withdrawn as they were deemed non-viable. The ld. CIT(A) did not dispute these submissions but noted the commingling of borrowed and own funds, leading to the disallowance of interest. Issue 4: Interpretation of the nexus between investments made and loans obtained from banks The ld. CIT(A) observed that the interest-free advances were not solely from own funds due to the mingling of funds. The assessee contended that interest-free loans to subsidiaries were from own funds, while borrowed funds were used for acquiring capital assets. The Tribunal referenced the decision in CIT v. Reliance Industries Ltd., where similar findings were affirmed, leading to the deletion of the disallowance. Issue 5: Comparison with the decision in CIT v. Reliance Industries Ltd. [2019] 410 ITR 466 (SC) The Tribunal relied on the decision in CIT v. Reliance Industries Ltd. to support the deletion of the disallowance of interest. The decision highlighted that investments were made from interest-free funds available with the assessee, reinforcing the connection between the funds and the disallowed interest expenditure. In conclusion, the appeal filed by the assessee was allowed, and the disallowance of interest expenditure under section 36(1)(iii) was deleted based on the interpretation of the nexus between investments, borrowed funds, and interest-free loans.
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