2016 (9) TMI 1322 - AT - Income Tax

Tribunal directs deduction of interest for borrowed capital used for business. Consistency principle upheld.

The tribunal allowed the appeal, directing the Assessing Officer to allow the claim of the assessee for deduction of interest under Section 36(1)(iii) of ... Interest income paid on a loan taken from HDFC Bank for acquisition of controlling interest - allowable as a deduction u/s 57(1)(iii) or u/s 36(1)(iii) - Held that:- We have to necessarily to uphold the claim of the assessee for deduction of interest paid on loan borrowed to acquire controlling interest in M/s Galabon Hotels P.Ltd. This should be allowed u/s 36(1)(iii) of the Act. The finding of the Ld.CIT(A) that the assessee is not in the business of purchasing hotels and hence he does not have any business, is not correct. The contentions of the assessee that, he is in the business of real estate and has controlling interest in a number of companies and that if the Ld.CIT(A)’s factual finding is that the assessee acquired shares in M/s Galabon Hotels Pvt.Ltd. for the purpose of acquiring controlling interest in the property owned by this Hotel in Safdarjung Enclave, then also, as this is the business of the assessee, deduction should be allowed u/s 36(1)(iii) has to be accepted. We agree with these submissions. We also find that the A.O. in the A.Y. 2012-13 in a scrutiny assessment allowed the same claim of the assessee for deduction of interest u/s 36(1)(iii) of the Act. Thus even on the principle of consistency, this claim of the assessee has to be allowed. In view of the above discussion we direct the A.O. to allow the claim of the assessee for deduction u/s 36(1)(iii) of the Act. - Decided in favour of assessee. Issues Involved:1. Deduction of interest paid on a loan under Section 36(1)(iii) or Section 57(iii) of the Income Tax Act.2. Eligibility of interest deduction under Section 24(b) of the Income Tax Act.3. Levy of interest under Sections 234B and 234D of the Income Tax Act.Issue-wise Detailed Analysis:1. Deduction of Interest Paid on Loan under Section 36(1)(iii) or Section 57(iii):The primary issue is whether the interest paid on a loan taken from HDFC Bank for acquiring controlling interest in M/s Galabon Hotels Pvt. Ltd. is allowable as a deduction under Section 36(1)(iii) or Section 57(iii) of the Income Tax Act. The assessee argued that the borrowed funds were used to acquire controlling interest in M/s Galabon Hotels Pvt. Ltd., which should be considered a business activity. The CIT(A) disallowed the claim, stating that the loan was not used for business purposes and that the assessee did not have any business income. However, the tribunal referred to several judgments, including CIT vs. Rajeeva Lochan Kanoria and CIT vs. Panaji Goa vs. Phil Corpn. Ltd., which established that interest on borrowed capital used for business purposes is deductible. The tribunal concluded that acquiring controlling interest in a hotel is a business activity, and the interest expenditure is allowable under Section 36(1)(iii).2. Eligibility of Interest Deduction under Section 24(b):The assessee alternatively claimed the interest deduction under Section 24(b) of the Act. The CIT(A) disallowed this claim, noting that the loan was not used for the purchase or construction of the property at Safdarjung Enclave. The tribunal did not specifically address this issue in detail, as the primary claim under Section 36(1)(iii) was upheld.3. Levy of Interest under Sections 234B and 234D:The assessee contested the levy of interest under Sections 234B and 234D of the Act. The tribunal did not provide a detailed analysis on this issue, as the primary focus was on the deductibility of the interest expenditure. However, since the main appeal was allowed, it can be inferred that the consequential relief regarding the interest levies would follow.Conclusion:The tribunal allowed the appeal, directing the Assessing Officer to allow the claim of the assessee for deduction of interest under Section 36(1)(iii) of the Act. The tribunal emphasized the principle of consistency, noting that similar claims had been allowed in subsequent assessment years. The tribunal's decision was based on established legal principles that interest on borrowed capital used for business purposes is deductible, even if there is no immediate income from the investment.