2002 (9) TMI 51 - HC - Income Tax

Whether on the facts and in the circumstances of the case and proper interpretation of law the Tribunal was legally justified in holding that the interest payable to the Sales Tax Department is also tax and the provisions of section 43B of the Act are applicable therein? - the liability to pay interest is an allowable deduction. The object of section 43B is to curb the activities of those taxpayers who do not discharge their statutory liability of payment of sales tax or excise duty for long periods but claim deduction in that regard from the income on the ground that the liability to pay this amount had been incurred by them in relevant previous year. The question is decided in favour of the Revenue and against the assessee.

Summary

Issues: Interpretation of law regarding the applicability of section 43B of the Income-tax Act on interest payable to the Sales Tax Department.

Analysis:
The case involved a partnership firm engaged in the purchase and sale of vehicles and accessories, which filed a return showing a total income. The assessment was completed at the returned income, but a notice under section 148 was issued later, resulting in reassessment. The firm had collected sales tax from various constituents for deposit with the Sales Tax Department, with outstanding sales tax interest and claimed interest on the unpaid sales tax as allowable under section 36(1)(iii). During reassessment, a further claim for unpaid interest was made, which the Assessing Officer disallowed under section 43B of the Income-tax Act. The Commissioner of Income-tax (Appeals) found the original assessment erroneous due to the failure to disallow the outstanding sales tax interest and acceptance of the sales tax liability without considering the provisions of section 43B pre-amendment.

The Income-tax Appellate Tribunal, analyzing section 43B and citing a previous court decision, held that interest paid is part of the sales tax. Consequently, the Tribunal upheld the view that the Assessing Officer's order was erroneous and prejudicial to the Revenue's interests, rejecting the claim of the assessee. Despite the absence of representation from the assessee, the court considered the arguments presented by the counsel for the Revenue. Referring to a previous court decision, the court emphasized that interest expenditure for business purposes is allowable as a deduction and that section 43B aims to prevent taxpayers from claiming deductions for statutory liabilities not discharged in a timely manner.

In conclusion, the court ruled in favor of the Revenue, holding that interest payable to the Sales Tax Department is considered an allowable deduction and that the provisions of section 43B of the Income-tax Act are applicable in such cases to prevent taxpayers from claiming undue deductions for unpaid statutory liabilities.