2015 (1) TMI 663 - HC - Income Tax

High Court upholds Tribunal decision on interest expenditure disallowance in Tax Appeals

ASSISTANT COMMISSIONER OF INCOME Versus CREATIVE PROCESSING LTD.

The High Court dismissed the appeals in Tax Appeal No.1126 of 2007 and Tax Appeal No.814 of 2009, upholding the Tribunal's decision to delete the ... Interest expenditure disallowed - ITAT deleted the addition - Held that:- If the Tribunal was satisfied that the expenditure was laid out or expended wholly and exclusively for the purpose of the business of the assessee there was no reason why the full amount expended should not have been allowed. It is open to the Tribunal to come to a conclusion either that the alleged payment is not real or that it is not incurred by the assessee in the character of a trader or that it is not laid out wholly and exclusively for the purpose of the business of the assessee and to disallow it. But it is not the function of the Tribunal to determine the remuneration which in their view should be paid to an employee of the assessee. Appeal dismissed. - Decided in favour of assessee, Issues:1. Disallowance of interest expenditure in Tax Appeal No.1126 of 2007.2. Disallowance of interest expenditure in Tax Appeal No.814 of 2009.Issue 1: Disallowance of interest expenditure in Tax Appeal No.1126 of 2007:In this appeal, the revenue challenged the order passed by the Income Tax Appellate Tribunal, where the appeal by the assessee was allowed. The assessee had initially declared a total income for Assessment Year 2003-2004, but after scrutiny, the Assessing Officer determined a higher income. The Commissioner of Income Tax (Appeals) dismissed the appeal filed by the assessee, leading to an appeal before the Tribunal. The Tribunal allowed the appeal of the assessee, prompting the revenue to file the current appeal. The substantial question of law revolved around the disallowance of interest expenditure paid to a specific entity. The revenue contended that the Tribunal erred in its decision and did not provide sufficient reasoning. However, the respondent's advocate supported the Tribunal's decision, citing a relevant case law. The High Court, after considering arguments from both sides and the precedent case, concluded that the appeals deserved dismissal. The Court agreed with the Tribunal's reasoning and decision to delete the disallowance of interest expenditure paid to the concerned entity.Issue 2: Disallowance of interest expenditure in Tax Appeal No.814 of 2009:In this appeal, the revenue challenged the order passed by the Tribunal, where the appeal by the revenue was dismissed. The assessee had declared a total income for Assessment Year 2004-05, including long term capital gain and business profit. The Assessing Officer made an addition on account of excess interest paid to a sister concern, leading to an appeal by the revenue before the Tribunal. The Tribunal dismissed the revenue's appeal, resulting in the current appeal. The substantial question of law focused on the disallowance of interest expenditure paid to the same entity as in the previous appeal. The revenue contended that the Tribunal failed to appreciate the circumstances leading to the excess interest payment. Conversely, the respondent's advocate supported the Tribunal's decision, referencing a relevant case law. The High Court, after hearing arguments from both sides and considering the applicable legal principles, concluded that the appeals should be dismissed. The Court upheld the Tribunal's decision to delete the disallowance of interest expenditure paid to the concerned entity.This comprehensive summary outlines the issues involved in each appeal, the facts of the cases, the arguments presented by both parties, the relevant legal principles, and the ultimate decision reached by the High Court in each matter.