The assessee claimed deduction of brokerage expenses u/s 57(iii) ...

Builder Interest Income Dispute: Tribunal Allows Brokerage Expense Deduction.

Case Laws     Income Tax

September 6, 2024

The assessee claimed deduction of brokerage expenses u/s 57(iii) against income from other sources. The Assessing Officer disallowed part of the expenses in proportion to the principal and interest received from the builder. The Tribunal held that section 57(iii) allows deduction of expenses wholly and exclusively incurred for earning such income, without enabling the Assessing Officer to estimate and disallow a portion. The expenditure was incurred to recover the entire amount, including principal and interest, from the builder through brokers. The interest component was offered as income, and the related expenses were wholly deductible. The Tribunal allowed the ground, stating that the expenditure had a direct connection with earning the income and was incurred for that purpose, as required u/s 57(iii) read with judicial precedents. The implication is narrower than section 37(1) for business expenses but requires a nexus between the expenditure and income earning.

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