1999 (7) TMI 5 - HC - Income Tax

Summary

Issues:
1. Deduction under section 32AB of the Income-tax Act, 1961.
2. Deletion of interest on interest-free advances made to sister concerns.
3. Applicability of section 43B of the Income-tax Act, 1961.

Analysis:

Issue 1: Deduction under section 32AB of the Income-tax Act, 1961:
The Commissioner of Income-tax raised questions regarding the entitlement of the assessee to a deduction of Rs.30 lakhs under section 32AB. The Tribunal accepted the amount deposited under section 32AB as per the facts presented. The assessee had instructed the Bank of Baroda to transmit the amount to IDBI for issuing a receipt. Due to the Bank of Baroda's negligence, the amount was not transmitted in time, leading to correspondence between the parties. The Tribunal accepted the receipt produced by the assessee, indicating the deposit date as September 25, 1989. The Commissioner (Appeals) and the Tribunal based their decisions on the facts presented, rejecting the Revenue's contentions. The Tribunal's decision was upheld, stating that if there were allegations of obtaining the receipt through dubious methods, the outcome might have been different. The High Court did not find any reason to interfere with the Tribunal's decision.

Issue 2: Deletion of interest on interest-free advances made to sister concerns:
The Commissioner of Income-tax questioned the deletion of interest amounting to Rs. 76,64,412 on interest-free advances to sister concerns. The Tribunal did not accept this contention, considering the facts of the case. The Tribunal's decision was upheld, stating that the benefit granted to the assessee in the assessment year 1987-88 due to a change in the accounting system was not accepted. The High Court found no merit in the contention and rejected the application.

Issue 3: Applicability of section 43B of the Income-tax Act, 1961:
The Commissioner of Income-tax raised a question regarding the applicability of section 43B of the Income-tax Act, 1961. However, this question was not pressed further by the Department as the High Court had already rejected their earlier contention. Therefore, no detailed analysis was provided for this issue in the judgment.

In conclusion, the High Court dismissed the applications raised by the Commissioner of Income-tax, upholding the decisions of the Tribunal based on the facts and circumstances of the case for the issues related to deduction under section 32AB and deletion of interest on interest-free advances to sister concerns.