Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Open DEMAT Account with in 24 Hrs and start investing now!
« Top Headlines »
Open DEMAT Account in 24 hrs
 TallyPrime Connected Banking: Automating Banking and Accounting
 ITR Filing Deadline 2026: Is July 31 the Last Date to File Your Income Tax Return? Latest Official Update
 ITR filing deadline nears: How to file income tax return online on e-filing portal - quick 15-step guide
 Will the ITR Filing Deadline Be Extended Beyond July 31 for FY 2025-26? Here's the Latest Update for Taxpayers
 Income Tax Refund Delayed for AY 2026-27? 5 Common Reasons Your Refund May Be Stuck and How to Fix It
 ITR Filing 2026: FM Nirmala Sitharaman Asks Tax Officials to Let Honest Taxpayers Correct Genuine Mistakes
 Will Your FCNR Deposit Stay Tax-Free After Returning to India? Tax Rules Explained for NRIs
 ITR Filing 2026: Section 143(1) Tax Demand Explained Reasons, Solutions, and How to Avoid Penalties & Disputes
 ITR Filing 2026: Over 3 Crore Income Tax Returns Filed for AY 2026 27 Income Tax Department Urges Taxpayers to Avoid Last-Minute Rush
 ITR Filing 2026: CBDT Upgrades Income Tax Portal Ahead of July 31 Deadline Key Changes Every Taxpayer Should Know
 Sold house for ₹1.10 crore, tax computed on ₹1.96 crore? ITAT explains when Section 54 relief is still available

Tax relief for intra-corporate advances
December, 29th 2006

In a far-reaching judgement on intra-corporate advances, the Supreme Court has held that tax cannot be levied on a corporate if it transfers borrowed money to its subsidiary or any other entity, if the transaction is driven by commercial reasons.

The Supreme Court was deciding on the issue of whether interest on borrowed fund can be deducted in the computation of taxable income, even if the borrowed fund is transferred to a subsidiary company.

The apex court held that the only factor the income tax department should consider, is that if borrowing and advancing to a sister company is driven by commercial expediency. If the transaction is driven by objectives other than commercial, such deals cannot claim exemption from tax.

The Supreme Court added that if the directors of the sister concern utilise the money advanced to it for their personal benefit, it cannot be said such money has been given for commercial purpose.

We wish to make it clear that it is not in our opinion that in every case, interest on borrowed loan has to be allowed if the assessee advances it to a sister concern. It all depends on the facts and circumstances of the case, the court said.

Shri T P Ostwal, a senior chartered accountant, said: It is a decision that reflects the ground realities of doing business.

This courts judgement was related to a case involving SA Builders. This company had transferred Rs 82 lakh to its subsidiary company SAB Credit, out of the cash credit account in which there is a huge debit balance. It was an interest-free loan to the subsidiary.

The I-T department did not take the interest-free loan theory for granted. The departments opinion was that interest should have been claimed from the subsidiary by SA Builders.

It, therefore, disallowed deduction of over Rs 5 lakh as interest that should have been claimed from the subsidiary, while computing the expenditure by way of interest paid to the bank by SA Builders.

The Supreme Court held: It is true that borrowed amount in question was not utilised by the assessee in its own business but had been advanced as interest-free loan to its sister concern. However, in our opinion, that fact is not really relevant. What is relevant is whether the assessee advanced such amount to its sister concern as a measure of commercial expediency.

The apex court disagreed with contrary views taken by other appellate forums, including a Bombay High Court decision in Phaltan Sugar Works Vs Commissioner of Wealth Tax (1994) in which it was held that deduction under Section 36 (1) (iii) can only be allowed on the interest if the assessee borrows capital for its own business.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2026 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting