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ITAT Mumbai: No U/s 36(1)(iii) Disallowance If Own Funds Exceed Advances
Case Law Details
- Case Name
- Fairchem Organics Limited Vs ACIT (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2020-21
- Courts
- All ITAT, ITAT Mumbai
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Fairchem Organics Limited Vs ACIT (ITAT Mumbai)
ITAT Mumbai: No Disallowance U/s 36(1)(iii) When Interest-Free Funds Exceed Advances – Presumption Applies in Favour of Assesse
In this case, the assessee company made capital advances for purchase of plant & machinery while having substantial borrowings. The AO alleged diversion of interest-bearing funds and disallowed proportionate interest u/s 36(1)(iii), which was upheld by CIT(A).
The ITAT held that the assessee had sufficient own funds (equity & reserves) and strong internal accrals far exceeding the capital a...




