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    <title>2013 (5) TMI 193 - ITAT MUMBAI</title>
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    <description>Interest on borrowed capital is ordinarily deductible under section 36(1)(iii) where the borrowing is for a business investment, but section 14A bars deduction if the funds are used to earn exempt income. On the facts, the assessee had substantial own capital and the small loan reflected in the balance sheet did not show that the partnership investment was financed from borrowed funds. The record did not support the presumption of diversion for non-business purposes, so the disallowance of interest was unsustainable and the deletion by the first appellate authority was upheld.</description>
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    <pubDate>Wed, 13 Feb 2013 00:00:00 +0530</pubDate>
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      <title>2013 (5) TMI 193 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=233608</link>
      <description>Interest on borrowed capital is ordinarily deductible under section 36(1)(iii) where the borrowing is for a business investment, but section 14A bars deduction if the funds are used to earn exempt income. On the facts, the assessee had substantial own capital and the small loan reflected in the balance sheet did not show that the partnership investment was financed from borrowed funds. The record did not support the presumption of diversion for non-business purposes, so the disallowance of interest was unsustainable and the deletion by the first appellate authority was upheld.</description>
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      <pubDate>Wed, 13 Feb 2013 00:00:00 +0530</pubDate>
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