2012 (3) TMI 341 - AT - Income Tax

Revenue's Appeal Dismissed: Interest & Gifts Disallowance Upheld

The Revenue appealed against partial allowance under section 14A of the Income-tax Act, 1961. The Commissioner of Income-tax (Appeals) upheld ... - Issues involved: Appeal against partial allowance under section 14A of the Income-tax Act, 1961.Summary:Issue 1: Partial allowance under section 14A of the ActThe Revenue appealed against the partial allowance made by the Commissioner of Income-tax (Appeals) under section 14A of the Act. The assessee declared income from share of profit, interest on capital, and other sources, claiming deduction for interest paid. The Assessing Officer disallowed interest relatable to exempt income and gifts made by the assessee. The Commissioner of Income-tax (Appeals) upheld disallowances based on detailed calculations, allowing relief of Rs. 6,73,103 to the assessee.Issue 2: Disallowance of interest expensesThe assessee's interest expenses of Rs. 15,94,830 were scrutinized. The Commissioner of Income-tax (Appeals) disallowed interest on borrowed funds not generating income, and interest relatable to exempt income from specific investments. The Tribunal upheld the disallowances, agreeing with the Commissioner's findings and dismissing the Revenue's appeal.Separate Judgement:The order was delivered by Sushma Chowla (Judicial Member) of the Appellate Tribunal ITAT CHANDIGARH.