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of <h1>Tribunal upholds CIT(A) decision on interest expenses & deems director's interest rate reasonable. Revenue appeal dismissed. Order 29-06-2012.</h1> <h3>The Assistant Commissioner of Income Tax., Patan Circle, Versus Unjha Pharmaceuticals Pvt. Ltd.,</h3> The Assistant Commissioner of Income Tax., Patan Circle, Versus Unjha Pharmaceuticals Pvt. Ltd., - TMI Issues:1. Disallowance of interest expenses amounting to Rs.34,34,0502. Excessive rate of interest in case of directors covered u/s 40A (2) (b) of the IT ActIssue 1: Disallowance of Interest ExpensesThe appeal arose from the order of the CIT(A), Gandhinagar, Ahmedabad regarding the disallowance of interest expenses of Rs.34,34,050 for the assessment year 2008-09. The appellant contended that the interest expenses were not taken up by the Assessing Officer and were allowed on a different footing. The loans were taken from directors and their relatives at a rate of 15% to 18%, which the AO found excessive. The appellant argued that the interest expenses were for business purposes and had been allowed in the past. The CIT(A) allowed the appeal based on the subjective nature of the issue and cited precedents to support the decision. The Tribunal confirmed the deletion of interest on old loans but directed the AO to re-calculate the disallowance on the loan of Rs.12 lacs based on the interest paid. The remaining addition was justified, and the appeal of the revenue was dismissed.Issue 2: Excessive Rate of Interest in Case of DirectorsThe second ground of appeal was related to the excessive rate of interest paid to directors and relatives, covered under section 40A (2) (b) of the IT Act. The AO disallowed the interest based on the perceived excessiveness of the rate. However, the CIT(A) and the Tribunal found the rate of interest between 15% to 18% reasonable, considering it had been allowed in the preceding assessment years and was in line with the prevailing market rate. The Tribunal upheld the decision of the CIT(A) to confirm the deletion of interest on old loans and allowed the interest expenses on the loan of Rs.12 lacs, directing the AO to re-calculate the disallowance based on actual interest paid.In summary, the Tribunal upheld the CIT(A)'s decision to allow the interest expenses and deemed the rate of interest paid to directors and relatives as reasonable. The appeal of the revenue was dismissed, and the order was pronounced on 29-06-2012.
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