2005 (2) TMI 91 - HC - Income Tax

High Court clarifies section 40A(8) disallowance extends beyond directors, applies to all interest payments.

The High Court of ALLAHABAD ruled in favor of the Revenue, stating that the disallowance under section 40A(8) of the Income-tax Act, 1961 is not limited ... Disallowance under section 40A(8) - 'Whether Tribunal was legally correct in upholding the finding of the Commissioner of Income-tax (Appeals) that disallowance u/s 40A(8) could be made only with reference to the interest paid to the directors and their relations on their deposits and not of others?' - We find that u/s 40A(8), 15 per cent, of expenditure incurred by a company by way of interest in respect of any deposit received by it is to be disallowed. The disallowance is not restricted to deposits made by the directors or their relatives. It is applicable to all and sundry and wherever interest is paid, 15 per cent, of the amount is to be disallowed. In this view of the matter, the Tribunal was not justified in holding that the disallowance is to be restricted on the amount of interest paid to the directors and their relatives. Issues:Interpretation of section 40A(8) of the Income-tax Act, 1961 regarding disallowance of interest payments made by a company.Analysis:The High Court of ALLAHABAD was presented with a question of law referred by the Income-tax Appellate Tribunal, Delhi, regarding the interpretation of section 40A(8) of the Income-tax Act, 1961. The question revolved around whether the disallowance under this section could be made only with reference to interest paid to directors and their relations, or if it should apply to all interest payments made by the company. The assessment year in question was 1983-84.The respondent-assessee in this case was a private limited company deriving income from commission agency of khandsari and sugar, as well as from trading in commodities. For the relevant assessment year, it claimed interest payment of Rs. 2,45,896. The Income-tax Officer disallowed a portion of this amount, specifically Rs. 35,803, which was 15% of the interest, under section 40A(8) of the Act. The Commissioner of Income-tax (Appeals) further examined the matter and concluded that the disallowance under this section should only be applied to interest paid to directors, their relations, and associates, not to outsiders. The Commissioner identified specific interest amounts paid to two directors and their relations, and upheld the disallowance based on this analysis.Upon appeal by the Revenue, the Tribunal supported the Commissioner's decision. However, the High Court disagreed with this interpretation. It clarified that section 40A(8) mandates the disallowance of 15% of expenditure incurred by a company as interest on any deposit received, without restricting it to deposits made by directors or their relatives. The Court emphasized that the disallowance applies to all instances where interest is paid, and not just limited to specific individuals or groups.In conclusion, the High Court answered the question of law in the negative, favoring the Revenue and going against the assessee. The Court's decision clarified that the disallowance under section 40A(8) is not confined to interest paid to directors and their relatives but extends to all interest payments made by the company, where 15% of the amount should be disallowed.