9911796707
TMI Blog2021 (3) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... facts and circumstances of the case and in law, the Ld. CIT(A) erred in confirming the action of the AO in disallowing proportionate interest expense of Rs. 1,93,918/- claimed as a deduction u/s 36(1)(iii) of the Act. 3. Briefly stated, the facts of the case are that the assessee filed his return of income for the assessment year (AY) 2012-13 on 29.09.2012 declaring total income of Rs. 4,02,399/-. The dispute here is the disallowance of proportionate interest expense of Rs. 1,93,918/- made by the Assessing Officer (AO) u/s 36(1)(iii) of the Act. The AO made the said disallowance on the ground that the assessee had utilized directly or indirectly, its interest bearing funds for giving interest-free loans to Shri Sunil J. Shah and Shri Mani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given, there were sufficient non-interest bearing or own capital funds was available with it to advance the same to others without charging interest and maintaining balances. As the assessee has failed to establish any nexus between the borrowings and the utilization of such funds for the business and has failed to establish the nexus between interest free loans, advances with available interest free funds. A.O. disallowed the proportionate interest on the total advances from the interest paid by the assessee. During appellate proceedings, in respect of this ground, assessee has filed the details as computation of income, personal Balance sheet, ledger accounts of loans given as on 31.03.2011. Vide order sheet noting dated 24.01.2019 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the context of section 36(1)(iii) of the Act that "if there is interest-free funds available to an assessee sufficient to meet its investment and at the same time the assessee had raised a loan it can be presumed that the investments were from the interest-free funds available". The above ratio laid down by the Hon'ble Jurisdictional High Court is to be examined in the instant case. Therefore, we set aside the order of the Ld. CIT(A) on the above issue and restore the matter to the file of the AO to examine the applicability of the ratio laid down in Reliance Utilities & Power Ltd.(supra). We direct the assessee to file the relevant documents/evidence before the AO. 7. In the result, the appeal is allowed for statistical purposes. O ..... X X X X Extracts X X X X X X X X Extracts X X X X
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