SURJEET SINGH,AGRA V. ACIT 1(1)(1) AGRA, AGRA

ITA 385/AGR/2025

AI Insights

The case involves Surjeet Singh, an individual engaged in various business activities including the sale and purchase of liquor, who appealed against the order of the National Faceless Appeal Centre (NFAC), Delhi, which upheld the disallowance of interest paid on loans amounting to Rs. 102,04,576 under the head 'income from other sources'. The Assessing Officer had initially disallowed the interest deduction citing lack of a one-to-one nexus between the interest paid and interest received. However, the Tribunal noted that the nexus had been established in previous and subsequent years and that no new loans were taken or given during the year in question, thus allowing the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 792680 (ITAT-AGRA)
• Duration Of Justice: 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-12-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2017-2018
• Appeal Filed On: 30-07-2025
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIL KUMAR
• Assessee Lawyers: RAJENDRA SHARMA
• Keywords: Business income
• Section: 143(3)

Judgement Text

"Page | 1 INCOME TAX APPELLATE TRIBUNAL AGRA BENCH “DB”: AGRA BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI SUNIL KUMAR SINGH, JUDICIAL MEMBER (Through virtual hearing) ITA No. 385/AGR/2025 (Assessment Year: 2017-18) Surjeet Singh, 158, Pratap Pura, Agra Vs. ACIT, Circle-1(1)(1), Agra (Appellant) (Respondent) PAN: AHWPS1539D Assessee by : Shri Rajendra Sharma, Adv Revenue by: Shri Anil Kumar, Sr. DR Date of Hearing 18/11/2025 Date of pronouncement 04/12/2025 O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in ITA No. 385/AGR/2025 for AY 2017-18, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. NFAC’, in short] dated 19.06.2025 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 21.12.2019 by the Assessing Officer, Agra (hereinafter referred to as ‘ld. AO’). 2. The only effective issue to be decided in this appeal is as to whether the ld NFAC was justified in confirming the disallowances of interest paid on loans in the sum of Rs. 102,04,576/- under the head income from other sources in the facts and circumstances of the instant case. 3. We have heard the rival submissions and perused the material available on record. The assessee is an individual derived income from Printed from counselvise.com ITA No. 385/AGR/2025 Surjeet Singh Page | 2 various forms in the form of share profit along with remuneration and interest in the capacity of partner. Apart from this the assessee also deriving business income from sale and purchase of liquor under the name and style Mr. Surjeet Singh as proprietor. The assessee had disclosed business income at Rs. 63,19,713/- in the return. The assessee had disclosed business loss of Rs. 3,89,911/- under the head income from other sources worked out as under:- a. Interest from Saving Bank A/c. Rs. 18,704/- b. Sale Mud Rs. 15,93,420/- c. interest received Rs. 1,01,85,872/- Rs. 1,17,97,996/- Interest paid Rs. 1,21,87,907/- Loss (-) 8,89,911/- 4. The assessee has taken huge amount of loan from various persons and had paid interest thereon. These loans were admittedly taken in earlier years. Similarly, the assessee had granted loans to various persons and earned interest income. Admittedly, these loans were given in earlier years. In other words no fresh borrowings were made during the year by the assessee and no fresh loans were given by the assessee during the year. It is not in dispute that the interest income earned on loan has been offered by the assessee under income from other sources. Accordingly, the deduction claimed on account of interest paid on loans by the assessee become allowable as deduction u/s 57(iii) of the Act if the nexus between the borrowed funds and fund advanced have been proved by the assessee in the year of borrowings and in the year of advancing loans i.e. in the earlier years in the scrutiny assessment proceedings for AYs 2013-14 to 2015-16. In the earlier scrutiny assessment proceedings the ld AO had duly granted deduction on account of interest paid on loans under the head income from other sources. Even in subsequent AYs i.e. 2018-19 and 2020-21, the ld AO Printed from counselvise.com ITA No. 385/AGR/2025 Surjeet Singh Page | 3 disallowed the interest paid on loans under the head income from other sources. But the ld CIT(A) disallowed the same after giving a categorical findings in para 4.2 of the appellate order for AY 2018-19 and 4.3 of appellate order for AY 2020-21 categorically stating that the assessee had indeed established the nexus between the interest expenses claimed and the interest income received and accordingly allowed deduction for interest paid on loans u/s 57(iii) of the Act under the head income from other sources. 4. The lower authorities in the instant year had stated that the assessee had not provided one to one nexus between the interest paid and interest received. Accordingly, they had denied the deduction on account of interest paid on loans u/s 57(iii) of the Act. In our considered opinion, when the fresh loans are neither borrowed nor granted during the year, there is no question of proving any nexus between the same. Despite this assessee had given the complete details of opening balance of loans borrowed together with the details of interest paid thereon before the ld AO. Similarly, the assessee had given the details of opening balance of loans and advances and interest income earned thereon before the ld AO. Despite the aforesaid facts, the ld AO proceeded to disallow the interest on loans under the head income from other sources while completing the assessment, which stood upheld by the ld NFAC. 5. As stated earlier there is no need the assessee to prove the nexus between interest paid and interest received in the instant case as admittedly the nexus had already been proved by the assessee in earlier years and in subsequent years and more particularly when there was no fresh loans borrowed or fresh loans granted during the year under consideration. Hence, in view of the aforesaid observation, we have no hesitation to direct the ld AO to grant deduction on account of interest paid on loans u/s 57(iii) of the Printed from counselvise.com ITA No. 385/AGR/2025 Surjeet Singh Page | 4 Act in the sum of Rs. 10,04,576/- under income from other sources. Accordingly, grounds raised by the assessee are allowed. 6. In the result, the appeal of the assessee is allowed. Order pronounced in the open court on 04/12/2025. -Sd/- -Sd/- (SUNIL KUMAR SINGH ) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 04/12/2025 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi Printed from counselvise.com "