Appeal partly allowed in interest disallowance case, with relief for Assessee. The appeal was partly allowed in the case concerning the disallowance of interest on advances made to another company using borrowed funds. The Tribunal ...
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Appeal partly allowed in interest disallowance case, with relief for Assessee.
The appeal was partly allowed in the case concerning the disallowance of interest on advances made to another company using borrowed funds. The Tribunal directed the Assessing Officer to delete the addition of interest concerning the term loan disbursement timeline but agreed to restrict the interest disallowance for the amount advanced on 09.03.2011. As a result, the disallowance of interest was adjusted accordingly, providing partial relief to the Assessee in the matter.
Issues: Disallowance of interest on advances made to another company using borrowed funds.
Analysis: The appeal was filed against the order of the Commissioner of Income Tax (Appeals) relating to the Assessment Year 2011-12. The Assessee, engaged in the business of Printing & Manufacturing of Packaging Material, filed its return of income declaring total income at Rs. 7,58,59,790. The case underwent scrutiny, and the assessment framed under section 143(3) determined the total income at Rs. 8,63,87,970. The primary issue revolved around the disallowance of interest on advances made to M/s Vijuk Equipment Inc. using borrowed funds. The Assessing Officer disallowed interest at 12% on the amount advanced, concluding that the borrowed funds were used for acquiring new plants and machinery, making the interest disallowable. The Commissioner of Income Tax (Appeals) partially granted relief to the Assessee by excluding the interest on the building loan received on the last day of the accounting year. The Assessee contended that the term loan disbursed for machinery purchase was after the advances to Vijuk Equipment Inc., thus not utilized for the advances. The source of the advance was stated to be from business profits, share capital, and free reserves, justifying no disallowance of interest. The Tribunal found merit in the Assessee's contention regarding the term loan disbursement timeline and directed the Assessing Officer to delete the addition on interest to that extent. However, for the amount advanced on 09.03.2011, the Tribunal agreed that the interest disallowance should be restricted, affirming partial relief to the Assessee. Consequently, the appeal was partly allowed, and the disallowance of interest was adjusted accordingly.
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