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Income Tax - Highlights / Catch Notes

Home Highlights January 2023 Year 2023 This

Addition of interest attributable on the diversion of loan fund ...


Interest Disallowance Not Justified When Own Funds Exceed Interest-Free Loans Per Section 36(1)(iii) of Income Tax Act.

January 11, 2023

Case Laws     Income Tax     AT

Addition of interest attributable on the diversion of loan fund - Once own fund of the assessee exceeds the amount of interest free loans and advances, then a presumption can be drawn that the interest free loans and advances has been given by the assessee out of its own interest free fund available with it. Thus, in such a situation the disallowance of interest u/s 36(1)(iii) is not warranted. - AT

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