2012 (5) TMI 636

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... an amount of Rs. 90.89 crores. The assessee in the assessment year under dispute filed its return showing nil income after claiming deduction u/s 115JB(2)(i) of an amount of Rs. 115,07,00,000/- being the interest waived by different banks and financial institutions credited to P & L account as provision for interest written back. While completing the assessment, the AO did not dispute the fact that the banks and financial institutions have waived interest amounting to Rs. 115,07,00,000/- as one time settlement and the assessee has credited the aforesaid amount waived in its P & L A/c during the relevant assessment year. The AO however observing that an amount of Rs. 109,77,59,000/- out of total amount of interest waived was actually paid b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....egarding interest debited by the assessee, interest paid/disallowed under section 43B of the Act, interest allowed on payment or funding etc. From the aforesaid information furnished in a tabular form reproduced in para 7.2 of the CIT (A)'s order the CIT (A) found that the total interest debited by the assessee from assessment years 1997-98 to 2003-04 was to the tune of Rs. 131.18 crores. After adjusting the actual interest paid in cash of Rs. 27.38 crores an interest amount of Rs. 107.87 crores remained outstanding to banks and lying in the books of accounts as provision on 31-3-2005. In view of the aforesaid facts and figures, the CIT (A) found the conclusion of the AO that the assessee has paid interest amounting to Rs. 109.77 crores fac....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....est amounting to Rs. 107.80 crores actually remained outstanding in the books of the assessee at the time of waiver of interest by the banks under OTS. For ready reference, the relevant portion is extracted hereunder from the order of the CIT (A). "7.4 Thus, it can be inferred that an amount of Rs. 107.80 crores is actually outstanding to banks and lying in the books of accounts as provision as on 31-3-2005 as clearly demonstrated by the appellant with the help of balance-sheets and the same amount has been written off by the banks, as verified from and confirmed from OTS letters. Thus the AO's finding in the assessment order that interest to the tune of Rs. 109.77 crores was paid is found to be factually incorrect. This interest h....