2023 (1) TMI 481 - AT - Income Tax

Appellant's Interest Deductions Partly Allowed by Tribunal for Assessment Years 2013-14 and 2014-15

Khandesh Builders Ltd. Versus DCIT, Circle-1, Jalgaon

Khandesh Builders Ltd. Versus DCIT, Circle-1, Jalgaon - TMI Issues:- Allowability of interest expenditure not accounted or paid during the relevant assessment year.- Application of provisions of section 194A for interest liability.- Compliance with tax deduction at source requirements.- Interpretation of legal precedents on interest expenditure deductions.Analysis:1. Allowability of Interest Expenditure: The appellant, a company engaged in real estate, claimed interest expenses on unsecured loans as a deduction in the assessment year 2013-14. The Assessing Officer disallowed a portion of the interest claimed as it was not accounted for or paid during the relevant year. The appellant contended that since there was no obligation to deduct tax at source, the interest should be allowed as a deduction. The Tribunal held that the absence of entries in the books of account does not determine the allowability of interest expenditure. It was emphasized that the provisions of section 194A do not apply when no interest is credited or paid. The Tribunal remitted the matter to the Assessing Officer to verify the crystallization of the interest liability during the relevant year, based on the contract terms with lenders. Consequently, the grounds of appeal were partly allowed.2. Application of Section 194A and Compliance: The Assessing Officer disallowed a portion of the interest claimed by the appellant for failure to deduct tax at source. The Tribunal clarified that in the absence of an obligation to deduct tax at source, the provisions of section 40(a)(ia) do not apply. It was highlighted that compliance with tax deduction requirements is crucial for determining the allowability of deductions.3. Interpretation of Legal Precedents: The appellant relied on the decision of a Mumbai Tribunal case regarding the allowability of interest expenditure. The Tribunal distinguished the facts of the present case from the decision of the Hon'ble Supreme Court in Palam Gas Service vs. CIT, emphasizing that the latter decision applies when interest liability was accounted for and paid during the relevant year. The Tribunal found that the Mumbai Tribunal's decision was applicable to the current case, where interest liability was not accounted for or paid, and remitted the matter for further examination by the Assessing Officer.4. Judgment on Appeals: The Tribunal disposed of both appeals related to the assessment years 2013-14 and 2014-15, partly allowing the appellant's claims for interest expenditure deductions. The decision in the appeal for 2013-14 was applied mutatis mutandis to the appeal for 2014-15 due to identical facts and issues involved. Consequently, both appeals were partly allowed, and the orders were pronounced accordingly on January 10, 2023.