2017 (7) TMI 102 - AT - Income Tax

Tribunal decision: Revenue appeal dismissed, assessee cross-objection partly allowed. Notional interest disallowance overturned.

The Tribunal dismissed the Revenue's appeal and partly allowed the assessee's cross-objection. The disallowance of notional interest expenses was ... Disallowance of notional interest expenses - addition u/s 36(1)(iii)- Held that:- As gone through the facts in entirety and notice that this advance amount of ₹ 85,73,303/- is on margin fund and moreover the assessee is having its interest free funds in the shape of share capital of ₹ 7.15 crore and unsecured loan of ₹ 10.71 crore available with its interest free. Thus no disallowance at all can be attributed to the assessee on account of diversion of funds. Accordingly, this issue of Revenue’s appeal is dismissed. Addition of unexplained cash credit - Held that:- The name of the creditor was not reflected in the records of the Department data base. Accordingly, a letter under section 133(6) was issued by this office asking the company to conform whether it has given the loan to the appellant company. No reply to the enquiry letter was received in spite of a lapse of considerable time. It is to be noted that the letter was duly served at the given address. In view of these facts the appellant has not been able to give satisfactory evidence regarding the existence and creditworthiness of the creditor from home it has taken a loan of ₹ 56 Lacs. The addition made by the AO for this loan under section 68 is therefore, upheld. Disallowance of depreciation of car - Held that:- Car was purchased out of the funds of the assessee company and also used for the business purposes of the assessee company only. To prove this point assessee produced complete audit accounts and balance sheet for the year ended 31-03-2007. The assessee has disclosed this car in the business asset and claimed depreciation. We find in the exactly similar circumstanced coordinate Bench of this Tribunal in the case of Mehta Equities Ltd. v. The ACIT [2016 (11) TMI 358 - ITAT MUMBAI] for the assessment year 2010-11 vide order dated 21-09-2016 has allowed the claim of depreciation wherein the car was purchased in the name of one of the director of the assessee company Issues Involved:1. Disallowance of notional interest expenses under Section 36(1)(iii) of the Income Tax Act.2. Addition of unexplained cash credit under Section 68 of the Income Tax Act.3. Disallowance of depreciation on a car.Issue-wise Detailed Analysis:1. Disallowance of Notional Interest Expenses under Section 36(1)(iii):The first issue pertains to the CIT(A)'s decision to restrict the disallowance of notional interest expenses to Rs. 4,17,343/- from the original addition of Rs. 31,09,270/- made by the AO under Section 36(1)(iii) of the Income Tax Act. The AO had observed that the assessee had debited Rs. 89,90,646/- as interest expenses while advancing interest-free loans amounting to Rs. 2,59,10,583/-. Consequently, the AO disallowed a proportionate amount of interest at 12%, totaling Rs. 31,09,270/-. The CIT(A) restricted this disallowance to Rs. 4,17,343/- after considering that the major portion of interest expenses related to margin funding for share trading and not to interest-free loans. The CIT(A) noted that the appellant failed to clearly establish the deployment of interest-free funds in earlier years. However, the Tribunal found that the assessee had sufficient interest-free funds in the form of share capital and unsecured loans, and hence, no disallowance should be made. Therefore, the Tribunal dismissed the Revenue’s appeal and allowed the assessee's cross-objection on this issue.2. Addition of Unexplained Cash Credit under Section 68:The second issue involves the addition of Rs. 56,00,000/- as unexplained cash credit from Tower Inn Pvt. Ltd. The CIT(A) upheld the addition made by the AO, noting that the confirmation letter from the creditor did not contain the PAN, and the creditor was not reflected in the Income Tax Department's database. Despite issuing a letter under Section 133(6), no reply was received from the creditor. The CIT(A) concluded that the assessee failed to provide satisfactory evidence regarding the existence and creditworthiness of the creditor. The Tribunal, finding no new arguments or evidence from the assessee, upheld the CIT(A)’s decision and dismissed the assessee's appeal on this issue.3. Disallowance of Depreciation on Car:The third issue concerns the disallowance of depreciation on a car claimed by the assessee. The car was purchased in the name of a director but was funded by the assessee company and used for business purposes. The CIT(A) confirmed the AO's disallowance. However, the Tribunal referred to a precedent where depreciation was allowed in similar circumstances, noting that the car, though registered in the director's name, was owned and used by the company. The Tribunal directed the AO to allow the claim of depreciation, thereby allowing the assessee's cross-objection on this issue.Conclusion:The Tribunal dismissed the Revenue's appeal and partly allowed the assessee's cross-objection. The disallowance of notional interest expenses was overturned, the addition of unexplained cash credit was upheld, and the disallowance of depreciation on the car was reversed. The order was pronounced in the open court on 27-02-2017.