2012 (8) TMI 927 - HC - Income Tax

Summary

Issues involved:
The judgment involves an Income Tax Appeal under Section 260-A of the Income Tax Act, 1961 directed against the order of the Income Tax Appellate Tribunal, Lucknow Bench, Lucknow, relevant for the assessment year 1992-93, confirming the order of the Commissioner of Income Tax (Appeal)-II, Kanpur.

Issue 1: Disallowance of Lease Rent
The first issue raised was whether the Income Tax Appellate Tribunal was correct in upholding the action of the Commissioner of Income Tax (Appeals) in deleting the disallowance of Rs. 24,000/- made on account of lease rent without appreciating the facts of the case. The Tribunal had given benefit of the interest amounting to Rs. 12,38,966/- provided under the Levy Sugar Equalization Fund Act, of interest on the borrowed fund of Rs. 4,06,898/- and lease rent of Rs. 36,000/- on the ground that they were allowed in previous years. The appeal challenging the interest amount was dismissed earlier, and no appeal was filed for other benefits, hence those findings could not be challenged.

Issue 2: Disallowance of Interest on Borrowed Funds
The second issue was whether the Tribunal was correct in allowing a relief of Rs. 3,94,550/- to the assessee in respect of the disallowance made on account of interest paid on borrowed funds without appreciating the facts of the case. The Tribunal had upheld the payment of consultancy of Rs. 3,50,000/- to M/s. K.L. Scientific as broker's commission for importing the gas cylinders, and this finding was also upheld by the Tribunal with no illegality found.

Issue 3: Addition of Rental Charges of Gas Cylinders
The third issue raised was whether the Tribunal was correct in law upholding the action of the Commissioner of Income Tax (Appeals) in deleting the addition of Rs. 10,425/- made on account of rental charges of Gas Cylinders without appreciating the facts of the case. The Tribunal had given the benefit of Rs. 9,615/- on account of rental charges of gas cylinders, stating it as a finding of fact with no illegality found.

The judgment concluded that since the questions of law raised in the appeal were covered in a previous assessment year judgment, there was no need to decide the questions again, and hence the Income Tax Appeal was dismissed.