Chartered Accountant
1375 Points
Joined August 2012
This issue can be clarified if one reads Section 36(1)(iii) of Income Tax Act, 1961 along with various Judicial decisions.
Interest on borrowed capital is allowable as deduction only if its for the purpose of Business or profession.
East India Pharmaceuticals Works Ltd. (1997) Supreme Court : Interest on loans taken for personal purposes (say paying income tax liability) shall not be allowable as deduction in computation of Tax since the same is not for business purposes. (Also Court held that payment of Income tax was a personal liability)
Judicial Precedence:
I. If you have advanced zero interest loan to Friend: Then entire interest shall have to disallowed since there is no corresponding increase in the return and no increase in the performance of company or business.
II. If you have advanced loan to friend at Concessional rates: The concession in interest rate shall have to be disallowed. For instance, where the company has borrowed at 12% and the loan advanced to friend is @ 2%. Then in such case, the interest paid to bank @ 10% shall have to disallowed on such amount advanced.
III. If the loan is advanced at market rate (ie. Bank lending rates): Then one may argue that the business has received bonafide returns on such loan advancements to friends or any other person for that matter and that entire interest expense may be allowable as deduction. However, the Assessing officer may raise questions depending on the amount involved and may keep you on your toes.
Hope this clarifies the issue.