Interest payment and interest received

Tax queries 423 views 1 replies

I would like to know the expert view on the following issue :

 

Mr. X is a director in a company. He earns salary income, rent income and interest income as his personal income during a particular year. He has borrowed, say Rs. 50 lakhs in his personal capacity. OF the Rs. 50 lakhs, he has given loan of Rs. 20 lakhs to the company where he is a director and earns interest @ 12% p.a. He also pays 12% interest on the borrowing of Rs. 50 lakhs. Remaining Rs. 30 lakhs, he has invested in immovable property and he does not earn any income. My question is :

 

Can an assessee, in his personal income tax return, can claim negative interest as loss from other sources, ( as interest paid is Rs. 5 lakhs and interest earned is Rs. 2 lakhs), say of Rs. 3 lakhs and the same be adjusted against income from other heads ?

 

If you have not understood the question, I would like to clarify further on further comments/information required at your end. 

 

Any judgements on the above issue ?

 

Kindly address my above issue as the stake involved is quite significant. 

Replies (1)

Hi Rajesh,

As per Sec 57, expenses incurred wholly and exclusively for the purpose of earning income chargeable under the IFOS are allowed subject to sec 14A.

In your case, out of the loan amount of Rs.50 lacs, only 20 lacs was used to earn interest income and hence the interest payment pertaining to that portion alone is allowable. You have not stated the nature of immovable property. If it is a house property, it can be considered as a self occupied property and interest can be allowed as a deduction under IFHP however subject to the statutory limit


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