2011 (9) TMI 1029 - AT - Income Tax

Assessee & Revenue cross-appeals for 2004-05 assessment year decided in favor of Revenue

The case involved cross appeals by the assessee and Revenue against the CIT(A)'s order for the assessment year 2004-05. The decision favored the Revenue, ... - Issues involved: Cross appeals by assessee and Revenue against order passed by CIT(A) for assessment year 2004-05.Assessee's Appeal:1. Assessee challenges CIT(A)'s order on addition of hypothetical interest on loan and non-treatment as NPA.2. Dispute over addition of interest on hypothetical basis for non performing assets not received from M/s Prathima Estates.3. Allegation of CIT(A) not considering mandatory provisions followed by assessee prescribed by RBI and ICAI.4. Request for allowance of claims and deletion of additions.5. Assessee seeks leave to modify grounds during appeal hearing.Revenue's Appeal:1. Disagreement with CIT(A) treating interest income from Netxell Ltd. as non performing asset due to TDS credit.2. Argument for application of section 198 for interest income with TDS deduction.3. Objection to deletion of bad debts addition due to non-compliance with money lending principles and loans to sister concerns.4. Claim that bad debts loss is capital loss and should be disallowed.5. Provision for raising additional grounds during Tribunal hearing.Assessee Appeal Decision:- Issue revolves around recognition of interest income on non performing asset (NPA).- Refers to Madras High Court judgment emphasizing deduction limits for bad and doubtful debts under IT Act.- Decision made in favor of department based on Madras HC ruling, dismissing assessee's grounds and appeal.Revenue Appeal Decision:- First two grounds rendered irrelevant due to decision in assessee's appeal on interest income from NPA.- Third ground concerns treatment of bad debts lent to sister concern.- Matter referred back to Assessing Officer to determine if advances to sister concern were in ordinary course of business or capital investment, following Special Bench judgment.- Assessee's appeal dismissed, while revenue appeal partly allowed for statistical purposes.Conclusion:- Assessee's appeal dismissed, Revenue's appeal partly allowed, with matters referred back for further assessment.