Interest on Money Borrowed


Court :
HC

Brief :
Held that in order to allow interest paid on borrowings in case of partnership firms, the assessee first to establish that it is allowable u/s 36(1)(iii) and then it does not exceed amount in excess of the limit laid down in sec. 40(b)(iv). Also held that opening balance of profits of the firm exceeds the loans given to sister concerns, presumed to be given out of its own funds.

Citation :
Munjal Sales Corporation Vs. CIT and Othrs 02/19/2008 [2008] 298 ITR 298

Interest on Money Borrowed Munjal Sales Corporation Vs. CIT and Othrs 02/19/2008 [2008] 298 ITR 298 Case Fact: Interest on money borrowed by the firm when allowable for partnership firm. Also interest free loans given to sister concern. Decision: Held that in order to allow interest paid on borrowings in case of partnership firms, the assessee first to establish that it is allowable u/s 36(1)(iii) and then it does not exceed amount in excess of the limit laid down in sec. 40(b)(iv). Also held that opening balance of profits of the firm exceeds the loans given to sister concerns, presumed to be given out of its own funds.
 



Judgement posted by

Chartered Accountant

I am a commerce graduarte of Andhra University. Studied at HINDU COLLEGE, Guntur. Became FCA and started Practice under the name and style of M/s SAIBABU RAO CO I became Chairman of CA Institute, Guntur Branch, during the year 2008-09 My post qualifications are: Information Systems Audit DISA (ICAI) ... Read more

Comments




CCI Pro



Company
31 October 2026
Accountants

sankaran and krishnan

New Delhi

B.Com

View Details
Company
24 October 2026
CA Industrial Trainee

Fytomax Nutrition Private Limited

Aurangabad

CA Inter

View Details
Company
ARTICLESHIP 17 October 2026
Articled Assistant

RRPM & Associates LLP

Chennai

CA Inter

View Details
Company
Featured 29 October 2026
Accounts Executive

Synergy Keystone

Chennai

B.Com

View Details
Company
02 November 2026
Audit Executive

SRJP & Co LLP

Kochi

CA Inter

View Details
Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
19 October 2026
Accountants/Articles (Freshers/Experienced)

ADY & CO.

New Delhi

Graduate (Any)

View Details
Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details