VidhiSangh

Supreme Court of India · 07/05/2026

L.K. TRUST versus COMMISSIONER OF INCOME TAX & ANR.

[2026] 5 S.C.R. 567 · 2026 INSC 474

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Summary

The Supreme Court held that a trust carrying on a composite business, including investment in shares, was entitled to deduct under Section 36(1)(iii) of the Income Tax Act, 1961 the interest paid on a bank loan whose proceeds were routed through a group company to acquire shares, since the transfer of borrowed funds is to be tested by commercial expediency; it restored the Tribunal's view and set aside the High Court.

Issues

  1. Whether the assessee was entitled to deduct under Section 36(1)(iii) the interest of Rs.21,74,234 paid on Rs.3.80 crore borrowed from a bank and transferred to a group company for the purchase of shares.
  2. Whether the High Court erred in holding that the borrowed money was used for the business of a subsidiary and not of the assessee.

Provisions considered

Held

Result

Appeal allowed; impugned High Court judgment set aside; assessee declared entitled to deduct the interest paid on capital of Rs.3,80,00,000 borrowed for the purposes of business; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2026] 5 S.C.R. 567.