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Sec 57(iii) of Income Tax Act,1961


25 January 2022 Facts of the case:
I invested in a housing project being built by a private builder to get a residential house in the financial year 2013-14.
But the builder failed to build the property as promised. I complained regarding the same to local authorities, then to National Consumer Disputes Redressal Commission and finally Supreme Court of India. The Supreme Court ordered the builder to pay interest @9% to me, which I received in the financial year 2021-22.

Query:
I am taking this interest income as Income from Other Sources in my income tax return. I want to deduct expenses from this interest income as per sec 57(iii) of the income tax act, 1961. I have incurred legal expenses and traveling/hotel expenses to fight the case in various courts in different cities every year since the financial year 2013-14. Whether I can deduct expenses that I incurred every year since 2013-14?

( As one of the four conditions under 57(iii) is that the expense must be laid out or expended in the relevant previous year and not in any prior or subsequent year.)

[Any other Expenses for Earning Income [Section 57(iii)]
Any other expenditure is deductible under section 57(iii) if the following four basic conditions are satisfied:
the expenditure must be laid out or expended wholly and exclusively for the purpose of making or earning the income;
the expenditure must not be in the nature of capital expenditure;
it must not be in the nature of personal expenses of the assessee;
it must be laid out or expended in the relevant previous year and not in any prior or subsequent year.]



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