2025 (9) TMI 157 - AT - Income Tax

Interest expense allowed where separate bank loan on-lent generated interest income; deduction permitted under s.24(b) up to Rs.28,21,119

ITAT held the AO erred in disallowing interest expenses by wrongly treating all borrowings as a housing loan. The assessee had a housing loan claimed ... Disallowance of interest expenses - Addition made on the reasoning that the assessee having claimed the allowable interest expenditure u/s. 24(b) no further deduction on account of interest expense can be made - HELD THAT:- We are of the view, while coming to his conclusion qua the disallowance made, the Assessing Officer has misconceived the factual position by harbouring a wrong notion that the assessee has taken a housing loan. Facts on record reveal that in addition to the housing loan the assessee had taken from Axis Bank, which was subsequently refinanced by Deutsche Bank, the assessee had taken another loan from Deutsche Bank against mortgage of the property. From the return of income filed by the assessee, it is evident that against the housing loan, the assessee has claimed interest expenses of Rs. 2,00,000/- in terms with Section 24(b) of the Act. Whereas, the other loan taken by the assessee, in turn, was advanced to some other parties by charging interest and the assessee had received interest income. From the computation of total income, it appears that against such interest income, the assessee has claimed interest expense of Rs. 29,67,250/-. However, the actual interest paid in respect of the loan taken from Deutsche Bank is Rs. 28,24,190/-. Since the assessee could demonstrate a direct nexus between the interest income earned and interest expenses, in our view deduction on account of interest expense to the extent of Rs. 28,21,119/- can be allowed to the assessee. Accordingly, relief to that extent is allowed to the assessee. The Assessing Officer is directed to recompute the disallowance accordingly. ISSUES PRESENTED AND CONSIDERED 1. Whether interest expenditure claimed in the computation of total income can be disallowed on the ground that interest on a housing loan was claimed under Section 24(b) of the Act. 2. Whether interest paid on a loan taken against mortgage of property and advanced to third parties at interest is deductible under the head 'Income from Other Sources' (or as expense under Section 57) to the extent of direct nexus with interest income received. 3. What is the correct quantification of allowable interest expenditure where there are two separate loans (a housing loan and a separate mortgaged loan) and where actual interest paid differs from the amount claimed against interest income. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Whether an interest deduction is barred because other interest has been claimed under Section 24(b) Legal framework: Section 24(b) permits deduction of interest on borrowed capital for the purpose of producing income from house property, subject to statutory limits. Section 57 permits deduction of expenses (other than those expressly allowable under other heads) against income from other sources. Interpretation and reasoning: The Tribunal examined whether the Assessing Officer's blanket disallowance rested on a correct factual premise - namely, that all interest claimed related to the housing loan and therefore could only be allowed under Section 24(b). The Tribunal found this to be a misconstruction of facts: the assessee had two distinct loans - one used for the house property (claimed under Section 24(b)) and a separate loan obtained against mortgage which was advanced to third parties to earn interest income. Because the loans and their uses were distinct, the fact that interest on one loan was claimed under Section 24(b) did not automatically preclude deduction of interest on the other loan under Section 57 against interest income. The critical test applied was direct nexus between the expense and the income against which it is claimed. Precedent Treatment: No prior judicial precedents were expressly invoked or followed/distinguished in the order; the decision is fact-driven and grounded in statutory scheme distinguishing head-specific deductions. Ratio vs. Obiter: Ratio - A deduction allowable under Section 24(b) in respect of a housing loan does not bar deduction of interest on a separate loan under Section 57 where that separate loan was employed to earn taxable interest income, provided a direct nexus is established. Conclusion: The Assessing Officer's disallowance based solely on the existence of an interest claim under Section 24(b) was unsustainable; separate characterization and nexus must be examined. Issue 2 - Deductibility under Section 57 of interest paid on a mortgaged loan advanced to third parties and matching with interest income Legal framework: Section 57 permits deduction of expenses wholly and exclusively laid out for earning income from other sources, subject to proof of nexus and actual incurrence. The general principle is that expenses incurred to earn taxable income are deductible to the extent attributable to that income. Interpretation and reasoning: The Tribunal accepted the assessee's factual explanation that the mortgaged loan proceeds were advanced to other parties at interest and that interest income was offered to tax. The Tribunal required demonstration of a direct nexus between the interest income and the interest expense. On the record, the assessee's computation showed interest income of Rs. 29,67,250 and a claimed expense of the same amount. The Tribunal further examined actual interest paid to the bank on the mortgaged loan and found it to be Rs. 28,24,190. Applying the nexus and actual-incurrence principles, the Tribunal concluded that interest expense deductible under Section 57 could be allowed to the extent of the actual interest paid and demonstrated as connected to the interest income. Precedent Treatment: No specific judicial authorities were cited; the Tribunal applied orthodox principles of nexus and attribution between income and expense under the statutory heads. Ratio vs. Obiter: Ratio - Interest expense on a loan taken and advanced to earn interest income is deductible under Section 57 to the extent of demonstrable, actual interest paid and directly attributable to earning that interest income. Conclusion: Deduction under Section 57 was allowable for the mortgaged loan interest to the extent evidenced by actual payment and nexus; the Tribunal allowed relief to that extent and directed recomputation. Issue 3 - Quantification of allowable interest where amount claimed exceeds actual interest paid Legal framework: Deduction under the relevant provisions is limited by proof of actual expenditure and the causal link between expense and income. Accounting or computational figures cannot exceed substantively incurred amounts supported by documentary evidence. Interpretation and reasoning: The assessee had claimed interest expense equal to interest income (Rs. 29,67,250) but the record showed actual interest paid on the mortgaged loan was Rs. 28,24,190. The Tribunal reconciled the figures and allowed deduction only to the extent substantiated by actual payment and nexus, arriving at an allowable amount of Rs. 28,21,119 (as computed on facts in the order). The Assessing Officer was directed to recompute disallowance accordingly. Ratio vs. Obiter: Ratio - Where claimed expense exceeds substantiated actual expenditure, deduction must be confined to the proven amount; recomputation is required to reflect the correct allowable figure. Conclusion: Relief was allowed partly - interest expense deduction was permitted to the extent of Rs. 28,21,119 (as determined on the factual matrix), and the Assessing Officer was directed to recompute the disallowance in line with this finding. Cross-reference See Issue 1 (nexus and head-specific characterization) and Issue 2 (allowability under Section 57) - the Tribunal's conclusions are interdependent: correct factual separation of the two loans (Issue 1) is a precondition to permitting deduction under Section 57 and to the quantification exercise in Issue 3.