1998 (3) TMI 13 - HC - Income Tax

Legal ruling: Interest disallowed, gratuity deduction upheld. Assessee prevails on gratuity issue.

The court ruled against the assessee in favor of the Revenue regarding the disallowance of interest diverted to an associated company but upheld the ... Business Expenditure, Gratuity, Provision For Gratuity Issues: Disallowance of interest diverted to associated company and provision for gratuity deduction.Analysis:1. Disallowance of Interest: The court ruled against the assessee in favor of the Revenue regarding the disallowance of interest of Rs. 45,400 and Rs. 60,900 for the assessment years 1972-73 and 1973-74. The interest disallowed by the Income-tax Officer was on a sum of Rs. 10,00,000 that the assessee claimed to have borrowed for business purposes but was actually diverted to its associated company in Bombay through Ace Investments Ltd. The diversion was found to be for building its own property. The court referred to a previous decision between the same parties and held that the amount diverted was not utilized in the business, thus disentitling the assessee to deduct the interest paid on the borrowing.2. Provision for Gratuity Deduction: The Tribunal's decision to allow the provision made for gratuity deduction was upheld. The Commissioner directed the Income-tax Officer to allow the petitioner's claim for deducting the provision made for gratuity, subject to the production of a certificate by the assessee regarding the scientific basis of the provision. The Tribunal's order was in line with the law laid down by the Supreme Court, stating that the provision made in the profit and loss account for the estimated present value of the contingent liability properly ascertained and discounted on an accrued basis could be deducted under relevant sections of the Act. Since the claim was for the assessment year 1972-73, before the introduction of a specific section, the Tribunal's decision was deemed appropriate.Therefore, the court answered the second question in favor of the assessee and against the Revenue, with each party bearing their respective costs.