2010 (10) TMI 1140 - AT - Income Tax

Appellant wins appeal, partial relief on tax assessment.

The Tribunal partially allowed the appellant's appeal against the Commissioner of Income Tax (Appeals) order for the assessment year 2006-07. The Tribunal ... - Issues involved: Appeal against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2006-07.Issue 1 - Depreciation Disallowance:The appellant raised a ground of appeal regarding the disallowance of depreciation, citing non-consideration of settled case laws and CBDT circular. However, during the hearing, the appellant's counsel did not press this ground, leading to its rejection.Issue 2 - Addition of Interest Amount:The appellant contested the addition of Rs. 26,75,912, arguing that the amount credited as interest in the Profit & Loss Account was merely a book entry and not actually accrued or received. The appellant provided evidence including replies to the Assessing Officer, interest account details, and confirmations from relevant parties. The Departmental Representative opposed the appellant's submissions, highlighting that the auditors did not clarify the credit entry for interest and that the CIT(A) deemed the confirmation document unreliable. The Tribunal acknowledged the correctness of taxing the interest amount based on accounting entries but agreed with the appellant's alternative argument that only 1/6th of the interest amount related to the relevant assessment year should be taxed, directing the Assessing Officer accordingly.Issue 3 - Agricultural Income Addition:The appellant challenged the addition of Rs. 1,00,000 under 'Other Sources' by reducing the agricultural income without valid reasons or verification of past records. The appellant's counsel pointed out that in the previous assessment year, the Assessing Officer had accepted higher agricultural income. The Departmental Representative supported the Assessing Officer's decision. The Tribunal noted that in the prior year, the Assessing Officer had accepted a higher agricultural income declared by the appellant. Considering this and the appellant's ownership of 40 acres of land, the Tribunal found no justification for the additional Rs. 1,00,000 and thus allowed the appellant's appeal on this ground.In conclusion, the Tribunal partially allowed the appellant's appeal, directing the Assessing Officer to tax only a portion of the interest amount and deleting the additional agricultural income, based on the facts and arguments presented during the proceedings.