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Section 68 Addition Cannot Be Sustained as Suspicion Alone Is Not Evidence: ITAT Delhi

Case Law Details

TaxGuru Citation
2026 taxguru.in 7561
Case Name
Cinflex Infotech Pvt. Ltd. Vs ACIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Cinflex Infotech Pvt. Ltd. Vs ACIT (ITAT Delhi)

Section 68 Addition Deleted Because Assessee Proved Identity, Creditworthiness and Genuineness of Loans;  Interest Disallowance Reduced Because Actual Interest Paid Must Be Considered; ITAT Restricts Section 36(1)(iii) Disallowance Because CIT(A) Applied Notional Interest Rate;  Loans Held Genuine Because Documentary Evidence and Subsequent Repayment Supported Transactions.

The cross-appeals before the ITAT Delhi arose from the order of the Commissioner of Income Tax (Appeals) for Assessment Year 2017-18. The assessee challenged the partial disallowance of interest under Section 36(1)(iii) of the Income-tax Act, while the Revenue challenged the deletion of an addition of ₹80 lakh made under Section 68 in respect of unsecured loans.

The Assessing Officer (AO) had disallowed interest expenditure of ₹1.12 crore under Section 36(1)(iii), alleging that interest-bearing funds had been utilised for making interest-free advances and investments. The CIT(A) restricted the disallowance to ₹22.87 lakh after holding that a portion of the investments had been financed through interest-bearing loans. Before the Tribunal, the assessee contended that substantial investments were funded through preferential share capital and interest-free loans from directors, and that the CIT(A) had incorrectly applied an 8% interest rate despite the actual interest paid on the relevant loans being much lower.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,812

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