Interest on unsecured loan balances with TDS and lender confirmations-s.37 disallowance rejected despite third-party accommodation-entry claims

The dominant issue was whether interest paid on unsecured loans could be disallowed as non-genuine/accommodation entries under s.37. The ITAT held that where no fresh loans were raised, interest was paid on opening loan balances with TDS deducted, and lender confirmations and return particulars were on record, disallowance cannot rest on third-party statements or unrelated material absent a demonstrated nexus or evidence of cash being routed back; consequently, the deletion of the interest disallowance was upheld. A related issue concerned addition based on third-party Tally data; as no evidence connected the taxpayer to the alleged entry provider or to the cited ledger entries, the deletion was sustained. The revenue's appeal was dismissed.

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1. ISSUES PRESENTED AND CONSIDERED

(i) Whether interest expenditure on existing unsecured loans could be disallowed as non-genuine when the taxpayer had placed lender confirmations, tax identifiers, returns/financials, and evidence of tax deduction at source on record, and no fresh borrowings were raised during the year.

(ii) Whether disallowance of interest could be sustained primarily on the basis of third-party statements and other third-party materials (including alleged accounting data and media reports) without establishing a live nexus, cash trail, or other direct/circumstantial evidence connecting the taxpayer to accommodation entries.

(iii) Whether, where loan balances were opening balances and were not held to be non-genuine in the year of receipt, interest on such loans in a subsequent year could be disallowed merely on presumptions without first disproving the underlying loans through enquiry.

2. ISSUE-WISE DETAILED ANALYSIS

(i) Allowability of interest on existing unsecured loans on the taxpayer's documentary evidences

Legal framework: The Tribunal examined the controversy as one of disallowance of interest on unsecured loans, and evaluated the evidentiary burden with reference to the taxpayer's furnishing of lender particulars and supporting documents, and the absence of contrary findings based on enquiry.

Interpretation and reasoning: The Tribunal treated as undisputed that no new loans were raised during the year; interest was paid/credited on existing loans; tax was deducted at source; and lender details such as confirmations, tax identifiers, and returns were available on record. It found that the assessing authority did not disprove the documents furnished by the taxpayer and did not conduct independent verification from the lenders. In these circumstances, mere doubt about lenders' business activity or income levels was held insufficient, by itself, to conclude that the interest was non-genuine.

Conclusion: On the facts found, the Tribunal upheld deletion of the disallowance, holding that the interest could not be denied when the taxpayer's primary evidences remained unrebutted and untested by meaningful enquiry.

(ii) Reliance on third-party statements/materials without nexus, corroboration, or cash trail

Legal framework: The Tribunal assessed whether adverse inference could be drawn against the taxpayer solely from third-party statements/materials, in the absence of corroborative evidence linking them to the taxpayer's loan transactions.

Interpretation and reasoning: The Tribunal agreed with the appellate findings that third-party statements were general and not transaction-specific to the taxpayer, and that the materials relied upon did not establish any nexus between the taxpayer and alleged accommodation entry operations. It emphasized the absence of any demonstrated cash-back trail, or any direct or circumstantial evidence showing that the loans were not genuine or that cash was returned against banking transactions. It also noted that alleged accounting data and a cash-payment entry relating to an earlier date/year, and not shown to be connected to the taxpayer, could not justify disallowance of current-year interest. Further, generalized reliance on external reports about unrelated regulatory investigations was found insufficient where no incriminating material or statement connected the taxpayer's borrowings to any wrongdoing.

Conclusion: The Tribunal held that disallowance founded mainly on third-party statements and unrelated materials, without a live nexus and corroboration, could not be sustained; the deletion of the disallowance was therefore affirmed.

(iii) Disallowance of interest on opening loan balances not held non-genuine in the year of receipt

Legal framework: The Tribunal examined the propriety of disallowing interest in the relevant year when the underlying loan amounts were opening balances and had not been treated as non-genuine in the year they were accepted.

Interpretation and reasoning: The Tribunal accepted the appellate reasoning that, in the absence of any action or finding holding the deposits/loans ingenuine in the year of receipt, interest on such continuing balances could not be disallowed in a later year merely on surmise or presumption. It highlighted that the assessing authority neither examined the genuineness at the time of receipt nor brought independent adverse material in the relevant year to negate the continuing liability.

Conclusion: The Tribunal held that interest on opening loan balances could not be disallowed in the subsequent year on presumptions where the loans themselves were not shown to be non-genuine through enquiry; the disallowance was rightly deleted and the challenge failed.

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