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of <h1>Tribunal upholds disallowance of interest for Capital Work in Progress, remands quantification. Additional deduction dismissed.</h1> <h3>M/s. Havmor Ice Cream Limited Versus The Deputy Commissioner of Income-tax, Circle-2 (1) (1), Ahmedabad</h3> M/s. Havmor Ice Cream Limited Versus The Deputy Commissioner of Income-tax, Circle-2 (1) (1), Ahmedabad - TMI Issues Involved:1. Disallowance of Rs. 15,52,172/- under section 36(1)(iii) towards Capital Work in Progress (CWIP).2. Application of proviso to section 36(1)(iii) of the Income Tax Act.3. Nexus between borrowed funds and CWIP.4. Alternative argument regarding the use of own funds for CWIP.5. Additional ground for deduction under section 80-IB(11A) of the Act.Detailed Analysis:1. Disallowance of Rs. 15,52,172/- under section 36(1)(iii) towards CWIP:The primary issue in this appeal is the disallowance of Rs. 15,52,172/- on account of interest, which was made by the Assessing Officer (AO) and confirmed by the Commissioner of Income-tax (Appeals) [CIT(A)]. The disallowance pertains to the interest on borrowed funds used for Capital Work in Progress (CWIP).2. Application of Proviso to Section 36(1)(iii):The AO capitalized the interest by applying the proviso to section 36(1)(iii) of the Income Tax Act, which mandates that any interest paid on capital borrowed for the acquisition of an asset for the extension of an existing business must be capitalized until the asset is put to use. This was upheld by the CIT(A), who noted that the CWIP involved the construction of a first floor and cold storage facilities, thus constituting an extension of the existing business.3. Nexus Between Borrowed Funds and CWIP:The AO and CIT(A) both concluded that there was a direct nexus between the borrowed funds and the acquisition of assets forming part of CWIP. The assessee's argument that the payments for CWIP were made from its own funds was rejected. The authorities relied on the fact that the payments were made from a cash credit account, which indicated the use of borrowed funds.4. Alternative Argument Regarding the Use of Own Funds:The assessee contended that it had sufficient own funds (Rs. 33.83 crores) to cover the CWIP costs (Rs. 3.08 crores), arguing that no borrowed funds were used. The Tribunal found merit in examining the overall financial position of the assessee, as reflected in the balance sheet and cash flow statement, to ascertain whether own funds or borrowed funds were used for CWIP. The issue was restored to the AO for fresh examination.5. Additional Ground for Deduction Under Section 80-IB(11A):The assessee raised an additional ground for deduction under section 80-IB(11A) amounting to Rs. 6,57,71,906/-. This claim was not made in the original return of income. The Tribunal dismissed this additional ground at the threshold, citing sub-section (5) of Section 80A, which restricts the allowance of deductions not claimed in the return of income.Conclusion:The Tribunal upheld the disallowance of interest in principle, relying on the proviso to section 36(1)(iii). However, it restored the issue of quantifying the interest to be capitalized to the AO for fresh examination, considering the overall financial position of the assessee. The additional ground for deduction under section 80-IB(11A) was dismissed. The appeal was partly allowed for statistical purposes.
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