2016 (3) TMI 816 - AT - Income Tax

Tax Tribunal Overturns Disallowance, Emphasizes Commercial Expediency

M/s APLAB House Versus ACIT, Range-1, Thane

The Tribunal allowed the appeal of the assessee, directing the Assessing Officer to delete the disallowance of Rs. 22,47,100 under Section 36(1)(iii) of ... Disallowance of interest u/s.36(1)(iii) - advance made to the sister concerns - Held that:- There can be no presumption that the shareholders’ fund of a company is utilized for the purchase of fixed assets. If the assessee has interest free funds as well as interest bearing funds at its disposal, then the presumption would be that investments were made from interest fee funds at the disposal of the assessee. The facts of the instant case abundantly show that the shareholders fund is much more than the amount advanced by the assessee without any interest to its sister concerns. Respectfully following the precedent, we hold that the ld. CIT(A) was not justified in sustaining addition under the present circumstances - Decided in favour of assessee Issues Involved:1. Disallowance of Rs. 22,47,100/- made under Section 36(1)(iii) of the Income Tax Act, 1961.Detailed Analysis:Issue 1: Disallowance of Rs. 22,47,100/- under Section 36(1)(iii)The assessee contested the disallowance of Rs. 22,47,100/- made by the Assessing Officer (AO) under Section 36(1)(iii) of the Income Tax Act, 1961. The AO had disallowed the interest expenditure on the grounds that the assessee had advanced loans to its sister concerns without charging interest, while simultaneously incurring interest expenses on borrowed funds.Arguments and Tribunal's Observations:- The assessee's counsel argued that the issue was already covered by the Tribunal's decisions in the assessee's own case for the assessment years 2006-07 and 2007-08.- The Tribunal noted that in the assessment year 2006-07, a similar disallowance was made, which was later decided in favor of the assessee by the Tribunal. The Tribunal had relied on the Supreme Court's judgment in S.A. Builders Ltd. vs. CIT(A) & Anr. [(2007) 288 ITR 1 (SC)], which emphasized the concept of 'commercial expediency' for allowing interest deductions.- The Tribunal highlighted that the Supreme Court had remitted the matter back to the Tribunal to examine whether the funds advanced by the holding company to its subsidiary were used for business purposes, thereby establishing 'commercial expediency.'Key Findings:- The Tribunal reiterated that for the interest on borrowed funds to be deductible, it must be shown that the funds advanced to the sister concerns were used for business purposes.- The Tribunal emphasized that the onus is on the assessee to prove the business purpose of the funds advanced. In the present case, the assessee failed to provide sufficient evidence to demonstrate how the funds were utilized by the sister concerns.- The Tribunal also considered the jurisdictional High Court's decision in CIT vs. Reliance Utilities & Power Ltd. [(2009) 313 ITR 340 (Bom)], which established that if an assessee has both interest-free funds and interest-bearing funds, it is presumed that investments are made from interest-free funds.Conclusion:- The Tribunal concluded that the assessee had sufficient own funds to cover the advances made to the sister concerns. Therefore, the addition made by the AO was not justified.- The Tribunal allowed the appeal of the assessee and directed the AO to delete the addition of Rs. 22,47,100/-.Final Order:- The appeal of the assessee was allowed, and the AO was directed to delete the addition. The order was pronounced in the open court in the presence of representatives from both sides on 08/02/2016.This comprehensive analysis covers the key aspects of the judgment, maintaining the original legal terminology and significant phrases. The Tribunal's reliance on previous judgments and the principle of 'commercial expediency' were crucial in deciding the issue in favor of the assessee.