TaxTMI 
TaxTMI 
2024 (10) TMI 24
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....Assessment Year (AY) 2017-18. The assessee is aggrieved by the order of the PCIT, wherein the assessment order passed by the Assessing Officer (hereinafter referred to as "AO") under Section 143(3) of the Act has been set aside on the grounds that the order was erroneous and prejudicial to the interests of the Revenue. Facts of the case: 2. The assessee is an individual and filed his return of income for the A.Y. 2017-18 on 01-08-2017 declaring total income of Rs. 33,84,400/- and agricultural income of Rs. 4,23,572/-, which was processed u/s. 143(1) of the Act. Later on, the case was selected for the scrutiny under CASS by issuing notice u/s. 143(2) of the Act. During the course of assessment, the AO observed that the assessee has bor....
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....bers and against this interest income, the assessee claimed deductions totaling to Rs. 49,33,577/- under Section 57(iii) of the Act, citing that the interest expenses were incurred for earning interest income. The PCIT noted that the assessee failed to substantiate the nexus between the interest-bearing loans taken from financial institutions and the advances made to group companies or relatives. The interest rate of loans borrowed (12.75%) was higher than the interest earned (12%), resulting in an excess claim of Rs. 7,48,718/-, for which no satisfactory explanation was provided. The PCIT also concluded that the AO failed to make proper inquiries or verifications during the assessment, resulting in an erroneous order prejudicial to the int....
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.... The learned Pr. CIT, while passing the order u/s. 263 of the I. T. Act, 1961 has misunderstood that the then A.O. in the original assessment proceedings has already verified the issue regarding the Interest claimed against the rent income and allowed the same. On the revised grounds of appeal: 3.2. During the course of hearing before us, the Authorised Representative (AR) of the assessee stated that the assessee is a Director in the companies to whom he has advanced loans on interest at the rate of 12% p.a. and the assessee has borrowed these funds from various finance companies at the interest rate of 12.75%. The AR also stated that the assessee has not claimed the excess interest of Rs. 7,48,718/- as concluded by PCIT. To support h....
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....tion of interest claimed u/s 57 of the Act as required by the AO vide notice u/s. 142(1) of the Act dated 11-11-2019. 5.1. The power of revision under Section 263 of the Act can be exercised only if the order passed by the AO is both erroneous and prejudicial to the interests of the Revenue. To satisfy these conditions, the PCIT must demonstrate that the AO failed to conduct proper inquiries or verifications which should have been made in the assessment proceedings. Upon examination of the records, it is evident that the AO issued notices under Section 142(1) of the Act dated 13-08-2019 and 11-11-2019, specifically questioning the allowability of the interest claimed under Section 57(iii) of the Act. The AO asked the assessee to provide ....
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.... Parshva G Nagarsheth 194845 Param G Nagarsheth 194845 4933577 2 Interest on IT Refund 52742 3 Interest from Savings Bank account 16506 4 Interest from Govt. Securities 8253 Total Interest Received 5011078 Interest Paid Total Paid Rs. Claimed u/s 57 in Rs. 1 Febbank Financial Services Ltd. (50% - share) 305102 287155 2 Hinduja Leyland Finance 459927 459927 3 Fulleton India Credit Co. Ltd. 5494641 4056026 4 Interest Paid to HDFC 130469 130469 Total Interest claimed u/s 57 4933577 5.3. It was observed that the ass....