2024 (1) TMI 1328 - AT - Income Tax

Assessee wins appeal as tribunal deletes addition under section 143(1) for interest income mismatch

Charanjeet Kaur Versus The DCIT Circle, Yamunanagar

The ITAT Chandigarh allowed the assessee's appeal against an addition made u/s 143(1) based on interest income reflected in Form 26AS. The AO's remand ... Addition u/s 143(1) simply on the basis of interest income reflected in 26AS - addition on the basis of interest income reflected in 26AS - difference between the amount of interest income in Form 26AS and net taxable income shown in the return of income HELD THAT:- We find that where the AO in the remand report has verified the matter and has also stated that in the subsequent year, same transaction has been accepted during the course of assessment proceedings, there is no merit in sustaining the addition so made in the impugned assessment year. CIT(A) has merely gone by the quantum of addition in the two assessment years and has not commented anything adverse regarding the nexus between the income and the expenditure incurred or for that matter, the remand report submitted by the AO where the claim of the assessee has been accepted. In the result, the addition so made and adjustment so done by the CPC is hereby directed to be deleted. Appeal of the assessee is allowed. Issues:Appeal against addition of interest income by CPC under section 143(1) of Income Tax Act, denial of interest expenses deduction, failure to consider facts and submission by assessing officer, and permission to amend grounds of appeal.Analysis:The appellant contested the addition of Rs. 43,77,584 made by the CPC under section 143(1) based on interest income reflected in Form 26AS. The appellant argued that the interest expenditure of Rs. 51,49,167 paid to the bank should have been allowed against the interest income. The appellant explained that the interest income was earned due to a loan taken from M/s Aditya Birla Capital and advanced to M/s Jasmer Foods Pvt. Ltd., resulting in a net interest income of NIL. The appellant provided detailed documentation supporting the loan transactions and interest payments. The appellant also highlighted that a similar claim for the next assessment year was accepted by the Revenue. The AO's remand report acknowledged the loan transactions and accepted the claim made by the appellant. The appellant requested relief by deleting the adjustment made by the CPC and upheld by the Ld. CIT(A).During the proceedings, the Ld. CIT(A) upheld the addition based on the appellant's failure to disclose the interest income in the return of income despite it being reflected in Form 26AS. The Ld. CIT(A) noted that no interest expenditure was claimed in the return. However, the Ld. CIT(A) dismissed the appellant's plea based on the acceptance of a similar claim in the subsequent assessment year. The Ld. CIT(A) found no infirmity in the adjustment made under section 143(1)(a)(vi) of the Act. The Ld. CIT(A) emphasized that the appellant's failure to disclose the interest income justified the adjustment.The Tribunal analyzed the AO's verification in the remand report and the acceptance of the appellant's claim in the subsequent assessment year. The Tribunal noted that the Ld. CIT(A) did not address the nexus between the income and expenditure or the AO's acceptance of the claim in the remand report. Consequently, the Tribunal directed the deletion of the addition and adjustment made by the CPC, ruling in favor of the appellant.In conclusion, the Tribunal allowed the appeal of the assessee, emphasizing the acceptance of the claim in the subsequent assessment year and the lack of adverse findings in the remand report. The Tribunal ordered the deletion of the addition made by the CPC and upheld by the Ld. CIT(A).