Interest paid on advance for fixed asset

A person borrowed money and paid the same as advance to acquire land.  The person claimed the interest on loan as revenue expenditure.  The land was not acquired till the end of the assessment year.  The interest was disallowed in the assessment proceedings.

Please quote case laws or section under which the expenditure can be claimed as allowable.

The person couldn't acquire the land in the later assessment years also and received a compensation of 40 lakhs from the seller.  The compensation received is treated as business receipt and offered to tax.  Can the assessee now file revised return and claimed the interest expenditure disallowed earlier as a deduction.

Replies (2)

The amount paid on the advance taken for purchase of the land will not be allowed as deduction as per 36(i)(III) of the act as the asset is not in the name of the assessee. And is not available for use in the business of the assessee. This should for part of the cost of the asset as held in Challapalli Sugars Ltd Vs CIT.

In this case the intereset will not be allowed as deduction hence there will not be any need for filing a revised return.

Any other view on this is welcome.

NOT ALLOWED>>>>>>>>>>>>>>

 

                    CASE LAW

Challapalli Sugars Ltd Vs CIT.

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