2025 (9) TMI 17 - AT - Income Tax

Interest on bank overdraft disallowed under s.57 for lack of nexus and proof of fund use; 10% interest upheld

ITAT (Mumbai) dismissed the assessee's appeals, upholding the CIT(A) and AO findings that interest on bank overdraft under s.57 is disallowable because ... Disallowance of interest in respect of bank overdraft u/s 57 - nexus between the interest income out go and the interest income earned - HELD THAT:- Even before us none appeared on behalf of the assessee to rebut or controvert the lawful findings so recorded by the CIT(A) and the assessee has miserably failed to establish a nexus between the interest income out go and the interest income earned. No submissions or details were filed to demonstrate as to how these funds were utilized and establish a nexus between the funds withdrawn from the OD account and the interest income earned. Therefore, in the absence of this information we find no reason to interefere into the findings so recorded by the CIT(A) therefore this ground raised by the assessee is dismissed. Addition on account of notional interest for alleged use of interest bearing funds for non business purpose - only argument raised by the assessee before the revenue authorities was that the funds have been sourced from Vatica Enterprises by the firm and an interest @ 6% has already been paid by firm by Sham Enterprises to this concern i.e Vatica Enterprises - HELD THAT:- AO has rightly pointed out that the material fact for consideration and adjudication is that the assessee himself is paying interest @ 10%. Therefore the disallowance is rightly made in the hands of the assessee by the revenue authorities. Therefore after considering the entire facts and circumstances of the present case we feel no justifiable reasons to interfere into or to deviate from the findings so recorded by the revenue authorities, therefore this ground of appeal also stands dismissed. Issues: (i) Whether the disallowance of interest of Rs. 6,16,473/- on bank overdraft under Section 57 of the Income-tax Act, 1961 was rightly confirmed by the authorities in absence of evidence establishing nexus between the interest outgo and interest income; (ii) Whether the addition of Rs. 17,65,205/- as notional interest for alleged use of interest-bearing funds for non-business purpose was rightly confirmed by the authorities.Issue (i): Whether the disallowance of interest of Rs. 6,16,473/- on bank overdraft under Section 57 of the Income-tax Act, 1961 was rightly confirmed by the authorities in absence of evidence establishing nexus between the interest outgo and interest income.Analysis: The appellate authority examined the documentary record and the submissions and found no material or details demonstrating how funds from the overdraft were applied so as to establish a proximate nexus with interest income. The assessee did not appear before the Tribunal, filed no adjournment application, and furnished no evidence on the point. The revenue findings that nexus was not established were therefore uncontradicted.Conclusion: In favour of Revenue.Issue (ii): Whether the addition of Rs. 17,65,205/- as notional interest for alleged use of interest-bearing funds for non-business purpose was rightly confirmed by the authorities.Analysis: The authorities noted the assessee's admission that interest-bearing funds were used to repay the overdraft and that the assessee personally bore interest at higher rates. The assessee's contention that the firm had sourced funds from a related concern at a lower interest rate did not negate the material fact that the assessee was paying higher interest personally. No contrary evidence was produced before the Tribunal to overturn the assessment of notional interest in the assessee's hands.Conclusion: In favour of Revenue.Final Conclusion: Both substantive grounds raised by the assessee were considered on merits and, in absence of evidence establishing the requisite nexus or contradicting the revenue's factual findings, the Tribunal declined to interfere with the appellate authority's confirmations and dismissed the appeal.Ratio Decidendi: Where an assessee fails to produce evidence establishing a direct nexus between interest outgo and interest income, and admissions or uncontested material show use of interest-bearing funds repaying overdraft with higher personal interest liability, disallowance of interest and assessment of notional interest in the assessee's hands may be sustained.