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    <title>Interest disallowance u/s 36(1)(iii) deleted where partners&#039; drawings covered by sufficient interest-free funds in capital-intensive business</title>
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    <description>ITAT allowed the assessee-firm&#039;s appeal and deleted the disallowance of interest expenditure u/s 36(1)(iii). The Revenue had treated partners&#039; drawings routed through an overdraft account as diversion of interest-bearing funds for non-business purposes, relying on negative capital balances. ITAT held that in a capital-intensive ship recycling business, partners&#039; drawings are a normal incident of partnership and that overall interest-free funds (partners&#039; capital and trade liabilities) exceeded such drawings. No direct nexus between borrowed funds and non-business advances was established. The negative capital was mainly due to a non-cash diminution already disallowed earlier, and day-wise working of interest-free funds remained unrebutted.</description>
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    <pubDate>Wed, 10 Dec 2025 08:41:44 +0530</pubDate>
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      <title>Interest disallowance u/s 36(1)(iii) deleted where partners&#039; drawings covered by sufficient interest-free funds in capital-intensive business</title>
      <link>https://www.taxtmi.com/highlights?id=94909</link>
      <description>ITAT allowed the assessee-firm&#039;s appeal and deleted the disallowance of interest expenditure u/s 36(1)(iii). The Revenue had treated partners&#039; drawings routed through an overdraft account as diversion of interest-bearing funds for non-business purposes, relying on negative capital balances. ITAT held that in a capital-intensive ship recycling business, partners&#039; drawings are a normal incident of partnership and that overall interest-free funds (partners&#039; capital and trade liabilities) exceeded such drawings. No direct nexus between borrowed funds and non-business advances was established. The negative capital was mainly due to a non-cash diminution already disallowed earlier, and day-wise working of interest-free funds remained unrebutted.</description>
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      <pubDate>Wed, 10 Dec 2025 08:41:44 +0530</pubDate>
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