2021 (12) TMI 933 - AT - Income Tax

Tribunal upholds Commissioner's decision on Income Tax Act sections 68 and 37(1) for AY 2014-15

DCIT Circle – 3 (2), New Delhi Versus M/s. Attire Designers Pvt. Ltd.

DCIT Circle – 3 (2), New Delhi Versus M/s. Attire Designers Pvt. Ltd. - TMI Issues:1. Deletion of addition made under section 68 of the Income Tax Act.2. Disallowance of interest expenses under section 37(1) of the Income Tax Act.Deletion of Addition under Section 68 of the Income Tax Act:The case involved an appeal by the Revenue against the order of the Commissioner of Income Tax (Appeals) related to the Assessment Year 2014-15. The Revenue contested the deletion of an addition of Rs. 29,26,42,600 made by the Assessing Officer under section 68 of the Act on account of unexplained sundry creditors. The Assessing Officer had treated outstanding balances of related parties as unexplained, leading to the addition. However, the Commissioner of Income Tax (Appeals) allowed the appeal of the assessee, leading to the Revenue's appeal. The Tribunal noted that the Commissioner had deleted the addition after considering detailed submissions and various case laws. The Tribunal found no reason to interfere with the Commissioner's order, as the purchases were considered genuine by the Assessing Officer, and no fallacy in the Commissioner's findings was pointed out by the Revenue. Thus, the ground of the Revenue was dismissed.Disallowance of Interest Expenses under Section 37(1) of the Income Tax Act:The second issue revolved around the disallowance of Rs. 93,59,041 made by the Assessing Officer under section 37(1) of the Act concerning interest expenses claimed by the assessee. The Assessing Officer disallowed the interest payment, considering it penal in nature due to an erroneous declaration. However, the Commissioner of Income Tax (Appeals) allowed the expenses, noting that the interest was compensatory and not penal in nature. The Tribunal observed that the Revenue failed to demonstrate that the payment was penal or prohibited by law, and no material was presented to show that the payment fell under the Explanation to Section 37 of the Act. The Tribunal upheld the Commissioner's decision, dismissing the Revenue's appeal on this ground as well.In conclusion, the Tribunal dismissed the appeal of the Revenue concerning the deletion of additions made under section 68 of the Income Tax Act and the disallowance of interest expenses under section 37(1) of the Act for the Assessment Year 2014-15. The detailed analysis of each issue highlighted the considerations made by the Commissioner of Income Tax (Appeals) and the Tribunal in arriving at their respective decisions.