Disallowance u/s 14A of interest on borrowed funds was not permissible if investment in shares was made out of own funds

The AO’s argument that the assessee could have utilized its surplus funds for repaying the borrowings instead of investing in shares and by not doing so, there was diversion of borrowed funds towards investment in shares to earn dividend income is not acceptable in view of CIT vs. Hero Cycles Ltd 323 ITR 518 (P&H) where Abhishek Industries was distinguished and it was held dis allowance u/s 14A of interest on borrowed funds was not permissible if the investment in shares was made out of own funds.

Godrej Industries Ltd Vs. DCIT (ITAT Mumbai)

ITA No. 1090/Mum/09

Assessment Year 2005- 06

ORDER

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