2000 (12) TMI 29 - HC - Income Tax

Summary

Issues involved: Tribunal's authority to grant relief, allowing new grounds to be raised, computation of income from borrowed capital, deduction of interest on borrowed capital.

In the present case, the High Court of Madras addressed the issue of the Tribunal's authority to grant relief, emphasizing that the Tribunal can provide relief that is consequential and flows from its own findings in the appeal, as established in the case of National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383. The Court highlighted that the Tribunal can allow new grounds to be raised, even if not previously raised, to correctly assess the tax liability of the assessee, provided the necessary facts are available in the assessment proceedings.

Regarding the computation of income from borrowed capital, the Tribunal found that the investment made by the assessee was from borrowed capital, leading to the conclusion that interest on such capital cannot be deducted while computing the income from the business. However, the Tribunal rightly determined that such interest should be taken into account when computing the income from other sources.

The Court also discussed the Tribunal's duty to prevent miscarriage of justice or correct errors, citing precedents such as Shivdeo Singh v. State of Punjab AIR 1963 SC 1909 and CIT v. Mahalakshmi Textile Mills Ltd. [1967] 66 ITR 710 (SC). It was emphasized that the Tribunal is obligated to grant relief to which the assessee is entitled, even in the absence of a specific plea. Additionally, the Court noted that while the Revenue can review the assessment and assess escaped income under section 147 read with section 153(3), there is no corresponding provision requiring the Revenue to amend the assessment and grant consequential relief based on appeal findings.

In conclusion, the High Court of Madras upheld the Tribunal's decision regarding the treatment of interest on borrowed capital and ordered T.C.M. Ps. Nos. 50 to 53 of 1999.