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Disallowance u/s 14a or 37

Tax queries 234 views 2 replies

Dear Friends and experts,

ABC is a subsidary of XYZ. ABC raised funds of Rs. 5 Crore through Debentures during the year. That money was advanced by ABC to XYZ to be incurred by XYZ for its project but ABC did not charge any Interest from XYZ on such advance. ABC charged Rs, 25 Lakhs Interest on Debentures for the year to Profit and Loss A/c. There is no other income for ABC for that year.

Now my query is:

1) For Income Tax Computation of ABC for that year - whether that Interest of Rs. 25 Lakhs is disallowed ?

2) IF It is disallowed, then disallowed under section 37 or 14A ?

 

Please kindly advise with explanations.

Replies (2)
As there is no any business activity during the year whole interest expense of 25 lac is disllowed u/s 37 of income tax act

Interest on capital borrowed is covered by section 36 (1)(iii). If you can justify your case that advancing of the money is for the purpose of business of the subsidiary company it will be allowed as deduction under the same section. Commercial prudence and business expediency must be there to justify your claim. Refer S.A. Builders case 288 ITR 1 as decided by the Supreme Court in this regard.


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