2016 (2) TMI 618 - AT - Income Tax

Tribunal Upholds CIT(A) Decision on Interest Disallowance

The Assistant Commissioner of Income Tax, Circle 2 (1) (1), Bangalore Versus M/s. Bhoruka Park Pvt Ltd. and Vica-Versa

The Assistant Commissioner of Income Tax, Circle 2 (1) (1), Bangalore Versus M/s. Bhoruka Park Pvt Ltd. and Vica-Versa - TMI Issues:1. Disallowance of interest under sec 14A read with Rule 8D2. Disallowance of interest on interest-free advancesIssue 1: Disallowance of interest under sec 14A read with Rule 8D:The appeal concerned the disallowance of &8377; 13,67,830 under sec 14A read with Rule 8D(ii) by the CIT(A), which the Revenue contested. The Revenue argued that prorate interest payable on borrowings should be disallowed, regardless of the Assessee's owned funds. The Tribunal referred to the Delhi High Court's ruling, emphasizing that the Assessing Officer must first examine the Assessee's claim before resorting to Rule 8D. The Tribunal upheld the CIT(A)'s decision, stating that only actual expenditure related to investments yielding exempt income should be disallowed under sec 14A.Issue 2: Disallowance of interest on interest-free advances:The second ground of appeal involved the deletion of &8377; 1,17,12,000 disallowance of interest on interest-free advances given by the Assessee to another entity. The AO contended that the transaction was an accommodation entry and taxed the interest on the advance. However, the CIT(A) found that since the Assessee had sufficient non-interest bearing funds, no interest disallowance was warranted. The Tribunal agreed with the CIT(A), stating that the advance was for business purposes and out of commercial expediency, thus no interest payable on borrowings could be disallowed.In conclusion, the Tribunal dismissed the Revenue's appeal on both issues, upholding the CIT(A)'s decisions. Additionally, the cross objection by the assessee was allowed for statistical purposes.