If A Pvt. Ltd. having borrowed capital ( for Business purposes) of Rs. 26 CR (interest their on Rs. 2.26 CR ), give loan (Rs. 11 CR) to its sister concern B Pvt. ltd. , will the interest on proportionate loan given to B Pvt. Ltd. be disallowed u/s 36(1)(iii) of income tax act, 1961 in the hands of A Pvt. Ltd. ????
Menu
Interest on borrowed capital [section 36(1)(iii)]
Replies (2)
It should not be disallowed if it was provided on account of commercial expediency
Refer S.A Builders Ltd. V CIT [2007] SC
In that case the loan which was given to the sister concern was carrying nil rate and yet there was no disallowance
SA Builders case is not to be taken as if any loans given to sister concerns will be allowed without any interest disallowance. Courts are now taking a more specific view in this regard. If it is a subsidiary company, then SA Builders might help, but sister concerns are different. There are some instances in which such disallowance has been upheld inspite of SA Builders case.
Recent Topics :
- Itr 4 problem
- Capital Gains Mismatch Due to Sale Agreement in FY
- REGARDING NRO INVESTMENT IN SHARES OF DOMESTIC COM
- DTAA benefits
- SUPPLEMENTARY AGREEMENT FOR ADDING A PARTER IN TN
- Part availmement of ITC in case of rejection of su
- Due date for itr 5 no audit with loss for fy 25 26
- Capital Gains Mismatch AIS
- Inward E-way bill from Tally Prime 7.1
- Query regarding exemption under Section 10(10AA) &
Related Topics :
CAclubindia
