2016 (5) TMI 1099 - AT - Income Tax

Tribunal partially allows appeal, remands interest issue, rules in favor of assessee on deduction.

Eisha Concord Realtors Versus The Income Tax Officer, Ward – 2 (2), Pune

The Tribunal partly allowed the appeal. The issue of addition of interest received was remanded for verification, while the disallowance of deduction ... Addition of interest received under the head “Income from other sources” - Entitlement to claim benefit of netting off of interest - Held that:- The assessee in the present case has furnished the details of term loan disbursed to the assessee by PNB Housing Finance and advanced by the assessee to show the nexus between two. These details were not furnished by the assessee before the authorities below. In our considered opinion this issue needs a revisit to the file of Assessing Officer for verification of the loans received and same amount being advanced to other concerns. If the assessee is successful in establishing the link between the loan amount received by the assessee and the loan advanced, the assessee shall be entitled to the benefit of netting off of interest amount. Accordingly, the first ground of appeal of the assessee is allowed for the statistical purpose. Disallowance of claim of deduction u/s. 80IB(10) on income arising from sale of scrap - Held that:- Allowability of deduction u/s 80-IB in respect of income from machining charges and sale of scrap is decided in favour of the assessee. The assessee is eligible to claim deduction u/s. 80IB(10) in respect of income from sale of scrap. - Decided in favour of assessee Issues Involved:1. Addition of Gross Interest received under 'Income from Other Sources.'2. Disallowance of claim of deduction under Section 80IB(10) of the Income Tax Act on other business income.Issue-wise Detailed Analysis:1. Addition of Gross Interest received under 'Income from Other Sources':The assessee, a partnership firm engaged in construction and real estate development, challenged the addition of Rs. 23,24,436/- as 'Income from Other Sources.' The assessee argued that the interest received on loans and advances should be netted off against the interest paid on borrowed funds, as the borrowed funds were utilized for advancing loans. The Assessing Officer (AO) initially added Rs. 60,95,369/- as interest received without allowing netting off, but the Commissioner of Income Tax (Appeals) [CIT(A)] reduced this to Rs. 23,24,436/-.The assessee contended that the term loan from PNB Housing Finance was not fully utilized for the project and was advanced to other concerns. The transactions were back-to-back, with the loans advanced either on the same date or shortly after the loan disbursement from PNB Housing Finance. The assessee cited the decision of the Co-ordinate Bench of the Tribunal in the case of ITO Vs. M/s. Brahma Associates, where under similar circumstances, the Tribunal allowed netting off interest.The Tribunal noted that the assessee provided details showing the nexus between the term loan received and the loans advanced, which were not furnished before the lower authorities. The Tribunal decided to remand the issue back to the AO for verification. If the assessee can establish the link between the loan received and the loan advanced, they will be entitled to the benefit of netting off the interest amount. Thus, the first ground of appeal was allowed for statistical purposes.2. Disallowance of claim of deduction under Section 80IB(10) of the Income Tax Act on other business income:The second issue involved the disallowance of the claim of deduction under Section 80IB(10) on income from the sale of scrap amounting to Rs. 1,17,295/-. The assessee argued that this income was directly related to the housing project and eligible for deduction under Section 80IB(10). The CIT(A) rejected this claim.The assessee relied on the decision of the Pune Bench of the Tribunal in the case of Preetam Enterprises Vs. Jt. Commissioner of Income Tax, where the Tribunal allowed the claim of deduction under Section 80IB on income from machining charges and scrap sales. The Tribunal in that case held that the generation of scrap was incidental to the manufacturing activity and had a direct link with the industrial undertaking, thus eligible for deduction.The Tribunal in the present case found no distinction from the Preetam Enterprises case and held that the assessee is eligible to claim deduction under Section 80IB(10) on income from the sale of scrap. Therefore, the second ground of appeal was allowed.Conclusion:In conclusion, the Tribunal partly allowed the appeal. The first issue regarding the addition of interest received was remanded back to the AO for verification, while the second issue regarding the disallowance of deduction under Section 80IB(10) on income from the sale of scrap was decided in favor of the assessee. The order was pronounced on April 22, 2016.