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Interest Follows Purpose, Not Label: ITAT on Section 57(iii) Deduction

Case Law Details

TaxGuru Citation
2025 taxguru.in 12664
Case Name
Arvind Chhotalal Morzaria Vs ACIT (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Arvind Chhotalal Morzaria Vs ACIT (ITAT Mumbai)

Interest follows purpose, not label: ITAT allows deduction u/s 57(iii) for interest paid on housing loan used to earn interest income

Mumbai ITAT  allowed assessee’s appeal &  deleted disallowance of ₹30.90 lakh made by AO by denying deduction of interest u/s 57(iii). Assessee had acquired a property from own funds &  subsequently raised a mortgage loan from Bank of Baroda, which was directly disbursed to a company, yielding taxable interest income. AO & CIT(A) treated the borrowing as a housing loan &  restricted deduction only u/s 24(b).

Tribunal held that the decisive test is the purpose &  utilization of borrowed funds &  not the nomenclature of the loan. Since the borrowed funds were directly deployed to earn interest income &  a clear nexus between interest paid &  interest earned stood established, the expenditure was wholly & exclusively incurred for earning income &  squarely allowable u/s 57(iii). Relying on Delhi HC ruling in CIT vs Taj International Jewellers, ITAT reiterated that where borrowing is made solely to earn income &  such nexus is proved, interest deduction cannot be denied merely because the loan is secured on a house property. Accordingly, disallowance was deleted &  appeal was allowed

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,844

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