2014 (8) TMI 1092 - AT - Income Tax

Tribunal remands interest and book profit issues for fresh adjudication under section 115JB.

The Tribunal set-aside issues regarding relief of liability towards interest expenditure and calculation of book profit under section 115JB of the Act to ... Non granting relief of liability towards interest expenditure claimed by the assessee - Held that:- We find that identical issue has been set-aside and restored to the files of the CIT(A) for afresh adjudication of the issue after granting a reasonable opportunity of being heard to the assessee. This view has been taken by the Tribunal in the case of M/s Eminent Holdings Pvt. Ltd. [2014 (7) TMI 2 - ITAT MUMBAI] wherein the Tribunal has followed the decision of the Co-ordinate Bench in the case of Hitesh S. Mehta [2013 (10) TMI 1065- ITAT MUMBAI]. Respectfully following the aforesaid order of the Tribunal, we are of the considered opinion that the issue raised in ground no.4 should set-aside to the files of the CIT(A) for afresh adjudication of the issue after granting a reasonable opportunity of being heard to the issue. Ground no.4 is allowed for statistical purposes. Calculation of book profit u/s 115JB - Held that:- Since we have set-aside ground no. 4, this grievance is consequential to the outcome of the decision taken in respect of ground no.4. We accordingly set-aside this grievance to the files of the CIT(A) to decide afresh as per the provisions of the law after giving findings on the claim of interest as per ground no. 4 of this appeal. Ground no. 5 is allowed for statistical purposes. Chargeability of interest u/s 234A, 234B and 234C - Held that:- Levy of interest is mandatory though consequential on the facts of the case, we accordingly set-aside this issue to the files of the CIT(A) to levy interest as per the provisions of the law. Issues Involved:1. Granting relief of liability towards interest expenditure.2. Calculation of book profit under section 115JB of the Act.3. Chargeability of interest under sections 234A, 234B, and 234C of the Act.Analysis:Issue 1: Granting relief of liability towards interest expenditureThe appeal was filed against the order of the CIT(A) regarding the assessment year 2009-10. Ground no.4 raised the grievance that the CIT(A) erred in not granting relief of liability amounting to Rs. 50,24,522 towards interest expenditure claimed by the assessee. The Tribunal noted that representatives from both sides agreed to restore the issue back to the files of the CIT(A) based on earlier decisions. The Tribunal observed that a similar issue had been set-aside and restored for fresh adjudication in other cases. Citing precedents, the Tribunal decided to set-aside ground no.4 to the files of the CIT(A) for fresh adjudication after granting a reasonable opportunity of being heard to the assessee. Ground no.4 was allowed for statistical purposes.Issue 2: Calculation of book profit under section 115JB of the ActSince ground no.4 was set-aside for fresh adjudication, ground no.5, relating to the calculation of book profit under section 115JB of the Act, was considered consequential to the decision on ground no.4. Therefore, the Tribunal set-aside this grievance to the files of the CIT(A) for fresh consideration in accordance with the law after findings on the claim of interest as per ground no.4 of the appeal. Ground no.5 was allowed for statistical purposes.Issue 3: Chargeability of interest under sections 234A, 234B, and 234C of the ActGround no.6 pertained to the chargeability of interest under sections 234A, 234B, and 234C of the Act. The Tribunal noted that the levy of interest is mandatory, and even though it is consequential in this case, the issue was set-aside to the files of the CIT(A) to levy interest as per the provisions of the law. The appeal filed by the assessee was allowed for statistical purposes, and the order was pronounced in the open court on 18/08/2014.